¶1Wf concur with his Honor, below, that ■the defendant is not guilty of forcible trespass. That of-fence must be charged, as being done with a strong hand, “ manuforti,” which implies greater force than is expressed by the words “ vi et armis.” There must be a demon stration of force, as with weapons, or a multitude of people, so as to involve a breach of the peace, or directly tend to it, and be calculated to intimidate or put in fear. State v. Flowers, 1 Mur. 254. State v. Fisher, 1 Dev. 357. State v. Mills, 2 Dev. 420. The jury find, that the defend ant obtained the note from Byrd by stratagem and “fraud.” This resembles larceny more than forcible trespass.
¶2. The Court thinks there should be judgment for the defendant.
¶3Ordered to be certified accordingly.