State v. . Williams
Supreme Court of North Carolina
This was an indictment for assault and battery tried before Moore, J., at Spring Term, 1871, of Edgecombe Court. The husband of the feme defendant was jointly indicted with her for an assault and battery upon one Anna Davis. It was in evidence that the defendant and her husband committed a battery on the prosecutrix.
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This was an indictment for assault and battery tried before Moore, J., at Spring Term, 1871, of Edgecombe Court. The husband of the feme defendant was jointly indicted with her for an assault and battery upon one Anna Davis. It was in evidence that the defendant and her husband committed a battery on the prosecutrix. The defendant’s counsel asked the Court to instruct the jury that the feme defendant was not guilty, as the offence had been committed with her husband, and in his presence. The Court declined so to charge, but instructed the jury that when a married woman in the presence of her…
1Opinion of the CourtRodman, J.
The liability of a wife for a crime committed in the presence of her husband, has been variously Jstated by respectable text writers. Blackstone Book 1, p. 444 says, " and in some felonies, and some inferior offences committed by her (the wife) through constraint of her husband, the law excuses her: but this extends not to treason, or murder.” The same writer in Book IT, says, “ and she will be guilty in the same manner, of all those crimes which like murder, are mala ■in se, and prohibited by the law of nature.” 1 Russ, cr. 16. Also in Archbold's Crim. Prac. and Plead. 6. “ So if a wife…
2Cases cited1 opinion
- Commonwealth v. NealMassachusetts Supreme Judicial Court · 1813
3Cited by10 opinions
- State v. CauleySupreme Court of North Carolina · 1956
- State v. Ma FooSupreme Court of Missouri · 1892
- State v. HarveySupreme Court of Iowa · 1906
- State v. . NowellSupreme Court of North Carolina · 1911
- State v. McCluneyCourt of Appeals of North Carolina · 1971
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