Supreme Court of North Carolina January 15, 1815 (State v. Trexler)

Seawell, J.

delivered the judgment of the court.

It has been argued by the prisoner’s counsel, that an indictment for a trespass will not lie, on the facts set forth in this case; owing, as it is alleged, to the want of an actual breach of the peace—The bank note being taken from the pocket book privily, whilst the prosecutor was collecting the papers which had fallen—and that if any offence was