4 S.C.L. 445
Supreme Court of South Carolina
Decided November 15, 1810
Supreme Court of South Carolina · decided 1810-11-15
Defendant was indicted for a forcible entry and detainer, in Lau-rens district, before Bay, J. It appeared in evidence on the trial, that when the defendant took possession of the land in dispute, the prosecutor was not in possession thereof, or on the land, and had no crop growing thereon, or any property thereon, except an empty barrel, and a piece of leather.
Decided 1810-11-15
¶1It does not appear that the public peace was violated, by any violent misconduct of the defendant, in obtaining or keeping possession of the land in question. If the prosecutor had a belter right to the possession than the defendant, he might have availed himself of his civil remedy. The law will not punish, criminally, a private injury of this nature. There must be, at least, some appearance of force, by acts, words, or gestures, to constitute the offence charged.
¶2New trial granted.