Commonwealth v. Neal
Massachusetts Supreme Judicial Court
The defendants, being husband and wife, were indicted, at the last October term in this county, for an assault and battery. Upon a trial, which was had at the same term before Thatcher, J., the jury found the said John guilty; and as to the said Elizabeth, they found specially, — “ that she committed the assault and battery charged in the indictment, in company with, and commanded by the said John Neal, her husband.
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The defendants, being husband and wife, were indicted, at the last October term in this county, for an assault and battery. Upon a trial, which was had at the same term before Thatcher, J., the jury found the said John guilty; and as to the said Elizabeth, they found specially, — “ that she committed the assault and battery charged in the indictment, in company with, and commanded by the said John Neal, her husband. And if this in law will make her guilty, then the jury find her guilty ; but if being in company with and commanded by her husband will justify or excuse her in law, then the jury…
1Opinion of the Court
Curia.
The general doctrine is, that a feme covert incurs no legal guilt by the commission of civil offences, by the coercion of her husband, or even when in his presence. To this general rule, there are certain exceptions, as of crimes forbidden by the law of nature, which are mala in fe, and some where the wife may be presumed the principal agent. The case at bar is not within the exceptions, and Elizabeth Neal is not guilty, and must therefore be discharged, (a)
*163ADDITIONAL NOTE.
[A married woman, living apart from her husband, may be indicted alone, and pun ished, for keeping a house of ill…
2Cited by10 opinions
- State v. CleavesSupreme Judicial Court of Maine · 1871
- Luster v. StateSupreme Court of Florida · 1887
- State v. Ma FooSupreme Court of Missouri · 1892
- Commonwealth v. WoodMassachusetts Supreme Judicial Court · 1867
- Gill v. StateWest Virginia Supreme Court · 1894
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