State v. . Dickerson
Supreme Court of North Carolina
INDICTMENT for an assault and battery, tried before Merri-mon, Judge, at July Term, 1887, of "Wake Superior Court. The defendant is indicted for an assault upon Joseph Weaver, a boy fifteen years of age, with a deadly weapon. He pleaded not guilty; and the ground of defence was, that the boj' named was his apprentice, a bad and incorrigible boy, and he had the right in good faith to correct him by whipping, as he did, and that the punishment inflicted was not unreasonable.
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INDICTMENT for an assault and battery, tried before Merri-mon, Judge, at July Term, 1887, of "Wake Superior Court. The defendant is indicted for an assault upon Joseph Weaver, a boy fifteen years of age, with a deadly weapon. He pleaded not guilty; and the ground of defence was, that the boj' named was his apprentice, a bad and incorrigible boy, and he had the right in good faith to correct him by whipping, as he did, and that the punishment inflicted was not unreasonable. On the trial, the boy was examined as a witness for the prosecution, and testified, that “the last Saturday night in…
1Opinion of the Court
Mebkimon, J.,
(after stating the case). The first objection cannot be sustained. The evidence proposed and excluded, if it had been received, would not have tended to prove any legal excuse for the excessively severe whipping — beating— the defendant gave the boy, his apprentice; nor would it have tended to rebut or disprove malice implied, and which the jury might infer from such whipping. If the boy were incorrigible, as alleged, this did not warrant the cruel whipping the defendant gave him, certainly if it were prompted by a malignant heart.
Nor can the second exception be sustained. The…
2Cases cited2 opinions
- State v. . HarrisSupreme Court of North Carolina · 1868
- State v. . JonesSupreme Court of North Carolina · 1886
3Cited by6 opinions
- State v. HartSupreme Court of North Carolina · 1954
- State v. ThorntonSupreme Court of North Carolina · 1904
- State v. KoonseMissouri Court of Appeals · 1907
- Smith v. . R. R.Supreme Court of North Carolina · 1913
- Smith v. Salisbury & Spencer Railway Co.Supreme Court of North Carolina · 1913
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