State v. . Jones
Supreme Court of North Carolina
The defendant wan tried and convicted at July Term, 188(5, of the Criminal Court of Nkw Hanover, before Meares, Judge, for an assault and battery, and from the judgment thereon pronounced against him, he appealed. The defendant is charged, in the ordinary form of an indictment, with an assault and battery committed upon the person of Mary C. -Jones, who, though not so designated, is his daughter, and was then sixteen years of age.
Read the full summary
The defendant wan tried and convicted at July Term, 188(5, of the Criminal Court of Nkw Hanover, before Meares, Judge, for an assault and battery, and from the judgment thereon pronounced against him, he appealed. The defendant is charged, in the ordinary form of an indictment, with an assault and battery committed upon the person of Mary C. -Jones, who, though not so designated, is his daughter, and was then sixteen years of age. Upon the trial, she testified that the defendant was a man of bad temper and frequently whipped her without any cause; that on one occasion he whipped her at the…
1Opinion of the CourtSmith, C. J.
(after stating the case). It will be observed that the test of the defendant’s criminal liability is the infliction of a punishment “cruel and excessive,” and thus it is left to the jury without the aid of any rule of law for their guidance to determine.
Ft, is quite obvious that this would subject every exercise of parental authority in the correction and discipline of children — in other words, domestic government — to the supervision and control of jurors, who might, in a given case, deem the punishment disproportionate to the offence, and unreasonable and excessive. It seems to us, that…
2Cases cited1 opinion
- State v. . AlfordSupreme Court of North Carolina · 1873
3Cited by8 opinions
- Carpenter v. CommonwealthSupreme Court of Virginia · 1947
- State v. ThorntonSupreme Court of North Carolina · 1904
- People v. GreenMichigan Supreme Court · 1909
- State v. KoonseMissouri Court of Appeals · 1907
- Commonwealth v. DorvilMassachusetts Supreme Judicial Court · 2015
3 more not listed; retrieve them via the Exa API.