State v. . Alford
Supreme Court of North Carolina
Indictment for an assault and battery, tried at Wake Superior Court, Spring Term, 1872, before Moore, J. The battery was alleged to have been committed on a boy, the son of the woman, with whom the defendant was living as man and wife. The evidence on the trial is fully stated in the opinion of the Court. The jury under the charge of his Honor found the defendant guilty. Motion for a new trial; motion overruled. Judgment and appeal by defendant.
1Opinion of the CourtBoyden, J.
In this case his Plonor charged the jury that if they believed the evidence, the battery was excessive and the defendant was guilty.
The evidence was, that the defendant lived with the mother of the boy, and although they were not married, they acted and lived as man and wife, and the mother com- emitted the custody of the boy to the defendant; and that for some misconduct, the defendant whipped the boy, wRo made considerable outcry, and four days afterwards there was a mark on his back the width of a broomstraw, two inches long, where the skin had been broken and there was ■some…
2Cited by7 opinions
- Boyd v. StateSupreme Court of Alabama · 1889
- State v. ThorntonSupreme Court of North Carolina · 1904
- Vanvactor v. StateIndiana Supreme Court · 1888
- People v. GreenMichigan Supreme Court · 1909
- State v. . JonesSupreme Court of North Carolina · 1886
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