Kelly v. State

Turney, J.,

delivered tbc opinion of tlie court:

Tlie plaintiff in error was convicted of an assault and battery on the person of John Kay.

The proof shows the parents of Kay to have died when he was about, six years old; that he had lived with an uncle and aunt for about eight years, who hired him to plaintiff in error for one year.

That at the time of hiring, the uncle told plaintiff in error, if the boy did not behave to whip him; that for laziness and disobedience the plaintiff in error gave the’ boy four or five licks with sassafras sprouts.

The court withdrew from the jury so much of the…