State v. . Oliver
Supreme Court of North Carolina
INDICTMENT, for an Assault and Battery, tried before his Honor, Judge Mitchdl, at the Fall Term, 1873, of Alexander Superior Court. On the trial, the jury found the following facts: Defendant came home intoxicated one morning after breakfast was over; got some raw bacon, said it had skippers on it, and told his wife she would not clean it.
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INDICTMENT, for an Assault and Battery, tried before his Honor, Judge Mitchdl, at the Fall Term, 1873, of Alexander Superior Court. On the trial, the jury found the following facts: Defendant came home intoxicated one morning after breakfast was over; got some raw bacon, said it had skippers on it, and told his wife she would not clean it. He sat down and eat a little, when be threw the coflee cup and pot into the corner of the room, and went out; while out, he cut two switches, bi’ought them in, and throwing them on the floor, told his wife that if he whipped her, she would leave; that he…
1Opinion of the CourtSettle, J.
We may assume that the old doctrine, that a husband had a right to whip his wife', provided he used a switch no larger than his thumb, is not law in North Carolina. Indeed, the Courts have advanced from that barbarism until they have reached the position, that the husband has no right to chastise his wife, under any circumstances.
But from motives of public policy, — in order to preserve the sanctity of the domestic circle, the Courts will not listen to trivial complaints.
If no permanent injury has been inflicted, nor malice, cruelty nor dangerous violence shown by the husband, it is better to…
2Cited by37 opinions
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- Abbott v. AbbottSupreme Judicial Court of Maine · 1877
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