State v. Lankford
New York Court of General Session of the Peace
Harry S. Lankford was indicted for an assault upon Alice M. Lankford, his wife. Verdict guilty. At the trial, the wife testified that she and the accused were married June 10th, 1916;-that about the first of March following, she began suffering in her private parts, and asked her husband what ailed her; that he told her she had ulcers, and he got some medicine for her but she could not take it.
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Harry S. Lankford was indicted for an assault upon Alice M. Lankford, his wife. Verdict guilty. At the trial, the wife testified that she and the accused were married June 10th, 1916;-that about the first of March following, she began suffering in her private parts, and asked her husband what ailed her; that he told her she had ulcers, and he got some medicine for her but she could not take it. He told her she would get well, if she waited awhile, which she did, but her ailment grew worse; that the latter part of the month or the first of April she consulted a physician and learned that she…
1Opinion of the Court
Boyce, J.,
charging the jury, in part:
It is admitted that the accused and the prosecuting witness were married on the tenth day of June, 1916, and that the former communicated syphilis to his wife.
[1] A husband may commit an assault and battery upon his wife, notwithstanding the marriage relation. State v. Buckley, 2 Harr. 552.
[2] A wife in confiding her person to her husband does not consent to cruel treatment, or to infection with a loathsome disease. A husband, therefore, knowing that he has such a disease, and concealing the fact from his wife, by accepting her consent, and communicating…
2Cited by13 opinions
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- B.N. v. K.KCourt of Appeals of Maryland · 1988
- Barbara A. v. John G.California Court of Appeal · 1983
- Kathleen K. v. Robert B.California Court of Appeal · 1984
- United States v. StewartUnited States Court of Military Appeals · 1989
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