Dean v. State
Supreme Court of Alabama
Erom the Oity Court of Montgomery. Tried before the Hon. Turn M. Arrington. The defendant in this case, Abe Dean, was indicted for an assault and battery on Annie Lou Johnson, á child six years old; was convicted under the charge o£ the court, and fined $20. On the trial, as appears from the bill of exceptions, the evidence for the State “tended to show that the defendant whipped the child with a white-oak withe, or split, such as baskets are made of, which was about two…
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Erom the Oity Court of Montgomery. Tried before the Hon. Turn M. Arrington. The defendant in this case, Abe Dean, was indicted for an assault and battery on Annie Lou Johnson, á child six years old; was convicted under the charge o£ the court, and fined $20. On the trial, as appears from the bill of exceptions, the evidence for the State “tended to show that the defendant whipped the child with a white-oak withe, or split, such as baskets are made of, which was about two feet long, had been smoothed on one side, and was variously described by the witnesses as being in width from two fingers…
1Opinion of the CourtSomerville, J.
The law of this case is fully settled by the principles declared in Boyd v. The State, 88 Ala, 169; 7 South. Rep. 268.
*49We there held, that one standing in loco parentis — exercising the parent’s delegated authority — may administer reasonable chastisement to a child, or pupil, to the same extent as the parent himself. The parent is not criminally liable, in all cases, merely because, in the opinion of the jury, the punishment inflicted is immoderate, or excessive. More than this is requisite to fasten upon him the guilt of criminality. He must not only inflict on the child immoderate…
2Cited by14 opinions
- Carpenter v. CommonwealthSupreme Court of Virginia · 1947
- Davis v. StateSupreme Court of Alabama · 1890
- Coosa Portland Cement Co. v. CrankfieldSupreme Court of Alabama · 1918
- Nicholas v. StateAlabama Court of Appeals · 1946
- Mayhall v. StateAlabama Court of Appeals · 1927
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