State v. . Pendergrass
Supreme Court of North Carolina
This was an indictment for an assault and batteRY, tried before Dick, Judge; at Caswell, on the last Circuit. On the trial the facts were, that the defendant kept a school for small children: that upon one occasion, after mild treatment towards a little girl, of six or seven years of age, had failed, the defendant whipped her with a switch, so as to cause marks upon her body, which disappeared in a few days.
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This was an indictment for an assault and batteRY, tried before Dick, Judge; at Caswell, on the last Circuit. On the trial the facts were, that the defendant kept a school for small children: that upon one occasion, after mild treatment towards a little girl, of six or seven years of age, had failed, the defendant whipped her with a switch, so as to cause marks upon her body, which disappeared in a few days. Two marks were also proved to have existed, one on the arm, and another on the neck, which were apparently made with a larger instrument, but which also disappeared in a few days. His…
1Opinion of the Court
Gaston, Judge.
It is not easy to state with precision, the power which the law grants • to schoolmasters and teachers, with respect to the correction of their pupils. It is analogous to that which belong» to parents, and the authority of the teacher is regarded as a delegation of parental authority. One of the most sabred duties of parents, is to train up and qualify their children, for becoming useful and virtuous members of sociíety ; this duty cannot be effectually performed without thje ability to command obedience, to control stubbornness, to quicken diligence, and to reform bad habits;…
2Cited by19 opinions
- Drum v. MillerSupreme Court of North Carolina · 1904
- State v. StraightMontana Supreme Court · 1959
- Drum v. . MillerSupreme Court of North Carolina · 1904
- State v. ThorntonSupreme Court of North Carolina · 1904
- People v. GreenMichigan Supreme Court · 1909
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