Legal Opinion

State v. Fulton

Supreme Court of North Carolina

Decided November 25, 1908PublishedCited by 12 opinions

Action heard by Webb, J., March Term, 1908, of Guil-ford, brought by the State against the defendant for slandering Carrie Fulton, his wife, under sec. 3640 of the Eevisal 'of 1905. Before pleading the defendant, through his attorneys, moved to quash the bill of indictment for the reason that no offence was charged, it not being a criminal offence for a husband to slander bis wife. ITis Honor sustained tbe motion, quasbed tbe bill of indictment, and tbe State appealed.

1Opinion of the CourtBeowN, J.

It is admitted by tbe learned counsel for tbe State that tbis Court bas long since decided that a busband is not indictable for slandering bis wife under our statute, State v. Edens, 95 N. C., 693, and we are aslced to overrule that decision.

It was in 1886 that tbe eminent jurists wbo occupied tbis bench at that time beld, unanimously, that our statutory enactment creating tbe offence of slandering an innocent woman does not embrace those persons wbo sustain marital relations to each other, and that its operation is confined to those not thus' related.

In speaking .of tbe long established…

2Cases cited5 opinions

  1. People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
  2. White v. . WagerNew York Court of Appeals · 1862
  3. Fox v. . StaffordSupreme Court of North Carolina · 1884
  4. State v. . EdensSupreme Court of North Carolina · 1886
  5. State v. . HaddockSupreme Court of North Carolina · 1891

3Cited by12 opinions

  1. Bulova Watch Co. v. Brand Distributors of North Wilkesboro, Inc.Supreme Court of North Carolina · 1974
  2. State v. . LewisSupreme Court of North Carolina · 1890
  3. State v. O'NeilSupreme Court of Iowa · 1910
  4. State v. . BlackSupreme Court of North Carolina · 1864
  5. State v. MahaleyCourt of Appeals of North Carolina · 1996

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