Opinion · Supreme Court of North Carolina

State v. . Graves

74 N.C. 396

Type
Opinion
Court
Supreme Court of North Carolina
Jurisdiction
North Carolina
Date
1876-01-05
Topic
general

Bynusi, J. The indictment is good, but the evidence does ■not support it. The charge is a forcible trespass to personal property, and the evidence goes to establish a forcible trespass upon the realty. Rails when made into a fence upon the land, become a part of the land, and as much so as a tree or a ■house. The act of taking the rails from the fence is not the subject of larceny at common law, nor is it a trespass to personalty.

Citator

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

Cited by
5 opinions