Wagener v. Bill
New York Supreme Court
APPEAL from the Steuben county court. The action was commenced in the county court, and was for an assault and battery committed by the defendant, Catharine Bill, upon the plaintiff, Mary Wagener. The answer of the defendants denied the assault and battery charged, and secondly, set up the defense of son assault demesne.
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APPEAL from the Steuben county court. The action was commenced in the county court, and was for an assault and battery committed by the defendant, Catharine Bill, upon the plaintiff, Mary Wagener. The answer of the defendants denied the assault and battery charged, and secondly, set up the defense of son assault demesne. The trial came on in the court below in February, 1854, when the plaintiffs introduced ¿is a witness Mary Hart, who testified as follows': “I live in Cohocton and know the parties to this action; I am the plaintiff’s daughter; I recollect a difficulty between Mrs. Bill and…
1Opinion of the Court
By the Court,
Welles, J.
It is an established general doctrine that a married woman is not punishable for committing a crime in the presence of, and by the command or coercion of her husband. The rule, however, does not extend to such offenses as are mala in se and prohibited by the laws of nature, or *324to those which are highly heinous'. [Barb. Cr. Law, 2d ed. b. 3, ch. 3, pp. 274 to 278. 1 Russell on Crimes, pp. 17 to 24, 5th Am. from 3d Lond. ed. 2 Starkie’s Ev. 398, 5th Am. ed. by Metcalf, Ingraham & Gerhard, from a new Lond. ed. 1834. Roscoe’s Cr. Ev. 955, 6. 4 Bl. Com. 28, 29. Commonwealth…
2Cases cited1 opinion
- Commonwealth v. NealMassachusetts Supreme Judicial Court · 1813
3Cited by8 opinions
- Dailey v. HoustonSupreme Court of Missouri · 1874
- Peak v. LemonNew York Supreme Court · 1869
- Merrill v. City of St. LouisMissouri Court of Appeals · 1882
- Brazil v. MoranSupreme Court of Minnesota · 1863
- Smith v. SchoeneMissouri Court of Appeals · 1896
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