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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 .
Document Info
Judges: Taylor
Filed Date: 7/5/1805
Precedential Status: Precedential
Modified Date: 10/19/2024