Haydon v. State

BROWN, J.—(1) A parent is not criminally liable in all cases merely because the punishment inflicted on his child is immoderate or excessive, and in cases where permanent injury to the child is not shown, it is incumbent on the prosecution to show that the chastisemnet was the result of malice or wicked motive. In the absence of malice or wicked motive, the parent, as to matters of discipline, “exercises pro hac vice judicial functions,” with the limitation that the punishment must not be cruel and permanent injury must not be inflicted. — Dean v. State, 89 Ala. 46, 8 South. 38; Boyd v.…