State v. Fulton
Supreme Court of North Carolina
Action heard by Webb, J., March Term, 1908, of Guil-ford, brought by the State against the defendant for slandering Carrie Fulton, his wife, under sec. 3640 of the Eevisal 'of 1905. Before pleading the defendant, through his attorneys, moved to quash the bill of indictment for the reason that no offence was charged, it not being a criminal offence for a husband to slander bis wife. ITis Honor sustained tbe motion, quasbed tbe bill of indictment, and tbe State appealed.
1DissentOlaric, C. J.
The indictment charges that the defendant “did unlawfully and wilfully, in a wanton and malicious manner, attempt to destroy the reputation of Carrie Eulton, his wife, being then and there an innocent and virtuous woman, by words spoken of and concerning the said Carrie Eulton, the wife of the said Winston Fulton, which amounted to a charge of ineontinency against the said Carrie Fulton.” The bill was quashed, and the State appealed. For the purpose of the appeal the charge must be taken as true, and the sole question is whether the facts constitute an indictable offense.. The question cannot…
2Cases cited9 opinions
- Mial v. Ellington.Supreme Court of North Carolina · 1903
- State v. . RhodesSupreme Court of North Carolina · 1868
- State v. . EdensSupreme Court of North Carolina · 1881
- State v. . EdensSupreme Court of North Carolina · 1886
- Russell v. . WadeSupreme Court of North Carolina · 1907
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