Opinion · Supreme Court of North Carolina

State v. . Armfield

State v. . Armfield, 27 N.C. 207 (N.C. 1844)

Type
Opinion
Court
Supreme Court of North Carolina
Jurisdiction
North Carolina
Date
1844-12-05
Topic
general

Daniel, J. First, the defendants moved in arrest of judgment, because the indictment did not charge that the taking of the slave was against the will of the prosecutor. It is true, that the indictment must contain an averment of some greater force being used by the defendants, than is expressed by the ordinary words vi et armis. But we think that the averments made in this indictment, that the defendants took the slave unlawfully, forcibly, and resolutely, and with a strong hand, from, and out of the possession of the prosecutor, (he, the said John Myers, then and there being personally present, and forbidding the same) are sufficient averments.that the taking was against the will of the prosecutor j without stating in totidem verbis, “ that it was against his will.” State v. Mills, 2 Dev. 420.

Citator

UpLaw has not yet analyzed State v. . Armfield. The absence of a flag is not a finding that it is good law.

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