Legal Opinion

State v. Thornton

Supreme Court of North Carolina

Decided October 4, 1904PublishedCited by 19 opinions

INDICTMENT against E. A. Thornton, heard by Judge G. S. Ferguson and a jury, at May Term, 1904, of the Superior Court of Sampson County. A criminal action for an, assault, heard in Superior Court on appeal from a justice of the peace. The defendant was a school-teacher and the prosecutor one of his pupils about ten years old. The boys of the school had been guilty of misconduct and the defendant warned them and threatened to punish any repetition of it.

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INDICTMENT against E. A. Thornton, heard by Judge G. S. Ferguson and a jury, at May Term, 1904, of the Superior Court of Sampson County. A criminal action for an, assault, heard in Superior Court on appeal from a justice of the peace. The defendant was a school-teacher and the prosecutor one of his pupils about ten years old. The boys of the school had been guilty of misconduct and the defendant warned them and threatened to punish any repetition of it. There was evidence tending to show that the prosecutor had repeated the act- complained of, and other evidence that it was accidentally and…

1Opinion of the Court

Walker, J.,

after stating the facts. We are unable to see how any of the evidence which was excluded by the Court upon objection by the State had any bearing on the case. The government of the school before the defendant was installed as its master and the request of the committee that he should preserve order and enforce discipline had no tendency to prove the absence of malice at the time he whipped his pupil. lie had a perfect right to punish his pupil for the purpose of correction, but even if the school had not been well managed, and he had been specially requested to be more strict in…

2Cases cited12 opinions

  1. Drum v. MillerSupreme Court of North Carolina · 1904
  2. State v. . RhodesSupreme Court of North Carolina · 1868
  3. State v. . CrookSupreme Court of North Carolina · 1884
  4. State v. . HuntleySupreme Court of North Carolina · 1884
  5. State v. . PendergrassSupreme Court of North Carolina · 1837

7 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. State v. ThomasSupreme Court of North Carolina · 1952
  2. State v. FennerSupreme Court of North Carolina · 1965
  3. Drum v. . MillerSupreme Court of North Carolina · 1904
  4. State v. . WilsonSupreme Court of North Carolina · 1946
  5. Speyer v. School District No. 1Supreme Court of Colorado · 1927

14 more not listed; retrieve them via the Exa API.

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