State v. . Pettie
Supreme Court of North Carolina
INDICTMENT for Assault and Battery tried at Spring Term, 1.878, of BtjNCOMBE Superior Court, before Cloud, J. The defendant was indicted for an assault and battery upon his wife, and on conviction was adjudged to be imprisoned in the county jail for two years. On appeal to this court the position is taken that the punishment inflicted is cruel and unusual, and therefore violative of the constitution.
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INDICTMENT for Assault and Battery tried at Spring Term, 1.878, of BtjNCOMBE Superior Court, before Cloud, J. The defendant was indicted for an assault and battery upon his wife, and on conviction was adjudged to be imprisoned in the county jail for two years. On appeal to this court the position is taken that the punishment inflicted is cruel and unusual, and therefore violative of the constitution. The particulars as gathered from the case, were, that defendant after being absent from home in the morning, on his return in the afternoon, inquired of his wife if one Sluder had been at his…
1Opinion of the CourtDillabd, J.
(After stating the facts.) It is the Settled law of this state that the courts will not invade the domestic forum or interfere with the right of a husband to control and govern his family; and from motives of public policy, even if a husband should chastise his wife, it is regarded as best not to take any cognizance thereof, unless some permanent injury be inflicted, or there be an excess of violence, or such a degree of cruelty as shows that the chastisement was inflicted to gratify his own bad passion. State v. Rhodes, Phil., 453. In this case there was no provocation whatever so far as we…
2Cases cited2 opinions
- State v. . DriverSupreme Court of North Carolina · 1878
- State v. . MillerSupreme Court of North Carolina · 1876
3Cited by11 opinions
- State v. . HuntleySupreme Court of North Carolina · 1884
- State v. AppleSupreme Court of North Carolina · 1897
- State v. . DanielsSupreme Court of North Carolina · 1929
- State v. PowellCourt of Appeals of North Carolina · 1969
- State v. . HambySupreme Court of North Carolina · 1900
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