State v. Fowler

CARSON, Judge.

The defendant moved for a judgment of nonsuit at the end of the State’s evidence and again at the end of all the evidence. He argues that a beating inflicting for corrective or disciplinary purposes without an evil motive is not a crime, even if painful and even if excessive.

To be punishable as a violation of G.S. 14-360, the act must first be willful. State v. Tweedy, 115 N.C. 704, 20 S.E. 183 (1894). Willful means more than intentional. It means without just cause, excuse, or justification. State v. Dickens, 215 N.C. 303, 1 S.E. 2d 837 (1939). New Hampshire, interpreting a…