Legal Opinion

State v. . Rhodes

Supreme Court of North Carolina

Decided January 5, 1868PublishedCited by 28 opinions

Assault and Battery, tried before Little J., at Fall Term 1887 of the Superior Court of Wilkes. The defendant was indicted for an assault and battery ■upon his wife, Elizabeth Rhodes.

Read the full summary

Assault and Battery, tried before Little J., at Fall Term 1887 of the Superior Court of Wilkes. The defendant was indicted for an assault and battery ■upon his wife, Elizabeth Rhodes. Upon the evidence submitted to them the jury returned the following special verdict i “We find that the defendant struck Elizabeth Rhodes, his wife, three licks, with a switch about the size of one of his fingers (but not as large as a man’s thumb) without any provocation except some words uttered by her and not recollected by the witness.” His Honor was of opinion that the defendant had a right to whip his wife…

1Opinion of the Court

Reads J.

The violence complained of would without question have constituted a battery if the subject of it had not been the defendant’s wife. The question is how far that fact affects the case.

' The courts have been loth to take cognizance of trivial complaints arising out of the domestic relations — such as master and apprentice, teacher and pupil, parent and child, husband and wife. Not because those relations are not subject to the law, but because the evil of publicity would be greater than the evil involved in the trifles complained of; and because they ought to be left to family…

2Cited by28 opinions

  1. Virmani v. Presbyterian Health Services Corp.Supreme Court of North Carolina · 1999
  2. Matter of NataleMissouri Court of Appeals · 1975
  3. Crenshaw v. CrenshawMontana Supreme Court · 1947
  4. State v. ThorntonSupreme Court of North Carolina · 1904
  5. Jones v. . JonesSupreme Court of North Carolina · 1917

23 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API