Opinion · Nclaw North Carolina

STATE v. FELLOWS, 3 N.C. 340 (1805)

STATE v. FELLOWS., 3 N.C. 340 (Superior Court of North Carolina 1805)

Type: Opinion
Court: Nclaw North Carolina
Jurisdiction: Nclaw
Date: 1805-01-01
Topic: general

STATE v. FELLOWS, 3 N.C. 340 (1805) STATE v. FELLOWS.Superior Court of North Carolina (Spring Riding, 1805.) The owner of the property is not a competent witness in an indictment for forcible trespass, and an indictment found on his testimony must be quashed. TAYLOR, J. The person who is to be entitled to a restitution of possession in case of a conviction on an indictment of forcible entry cannot be a witness on the trial; and if the indictment has been found on his single testimony, it ought to be quashed.

Citator

UpLaw has not yet analyzed STATE v. FELLOWS, 3 N.C. 340 (1805). The absence of a flag is not a finding that it is good law.

STATEv. FELLOWS,3 N.C. 340(1805)

STATE v. FELLOWS.

Superior Court of North Carolina

(Spring Riding, 1805.)

The owner of the property is not a competent witness in an indictment for forcible trespass, and an indictment found on his testimony must be quashed.

TAYLOR, J.

The person who is to be entitled to a restitution of possession in case of a conviction on an indictment of forcible entry cannot be a witness on the trial; and if the indictment has been found on his single testimony, it ought to be quashed.

And this indictment was quashed for that cause, though there was other testimony now ready to support it.Cited: S. v. Ivey,100 N.C. 541;S. v. Coates,130 N.C. 705.