{
  "id": 8697881,
  "name": "STATE v. C. W. BULLARD",
  "name_abbreviation": "State v. Bullard",
  "decision_date": "1875-01",
  "docket_number": "",
  "first_page": "445",
  "last_page": "446",
  "citations": [
    {
      "type": "official",
      "cite": "72 N.C. 445"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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    "char_count": 2576,
    "ocr_confidence": 0.462,
    "pagerank": {
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    "sha256": "39ad7ef869f8bb22d34fa909bc40b46f23365208763668cb4581b37d098756f2",
    "simhash": "1:6702432904e2ef4f",
    "word_count": 447
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  "last_updated": "2023-07-14T15:28:46.712943+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE v. C. W. BULLARD."
    ],
    "opinions": [
      {
        "text": "PeaesoN, C. J.\nThe indictment is fatally defective in this: It does not allege that the defendant entered upon the land \u201c without a license therefore\nThe rule is, an indictment must set out every matter which is necessary in ord,er to give a description of the offence charged. The offence created by the act of 1866, chapter 61, to be found in Battle\u2019s Revisal, chapter 32, section 116, is \u201can entry upon the land of another,\u201d after being forbidden to do so, and \u201c without a license therefor.\"\nSo the fact of an entry, without a license therefor, is just as an essential a part of the description as \u201c after being forbidden to do so.\u201d\nWhen the offence is complete without reference to a license, and the fact of a license constitutes merely an excuse or justification, the bill of indictment need not negative the license; but by this statute, in the enacting clause, it is made a part of the description of the offence \u2014 all of the authorities are in accord upon this point, and it is'not our duty to take the trouble to cite cases for the edification of those whose duty it is to draw indictments.\nThe suggestion of the Attorney General, that \u201c the license\u201d referred to in the enacting clause, is the license of the owner, and is sufficiently negatived by the averment, \u201c after being forbidden to do so,\u201d is clearly a misapprehension. The reference is to the license, set out in the proviso, to be obtained from a Justice of the Peace, to search for stray cattle, &c.\nError.\nPee Curiam. Judgment arrested.",
        "type": "majority",
        "author": "PeaesoN, C. J."
      }
    ],
    "attorneys": [
      "Steele <$s Walker, for the defendant.",
      "Attorney General Haryrove for the State."
    ],
    "corrections": "",
    "head_matter": "STATE v. C. W. BULLARD.\nIn an indictment under section 116, Chapter 32, Battle's Revisal, for entering on the land of another and taking therefrom turpentine, &c., it is necessary that a \u201c license so to enter,\u201d should be distinctly negatived as an essential part of the description of the offence.\nThdictment for entering on the land of the prosecutor and taking therefrom turpentine, tried before Buxton, J., at the Spring Term, 1874, of RiohmoND Superior Court.\nUpon the trial in the Superior Court, exceptions were taken to the admission of certain evidence, and to the charge of his Honor on certain points, not necessary to set out in this report, as the case was decided in this Court upon the refusal of the Court below to arrest the judgment.\nThe substantial facts pertinent to the decision in this Court are sufficiently stated in the opinion of the Chief Justice.\nThe jury found the defendant guilty. Motion in arrest of judgment; motion overruled, and appeal by the defendant.\nSteele <$s Walker, for the defendant.\nAttorney General Haryrove for the State."
  },
  "file_name": "0445-01",
  "first_page_order": 455,
  "last_page_order": 456
}