Fulgham v. State
Supreme Court of Alabama
Appeal from Circuit Court of Greene. Tried before Hon. Charles Pelham. This was an indictment of the husband .for an assault and battery upon his wife. The indictment charges that before the finding thereof, “ George Fulgham assaulted and beat his wife, Matilda Fulgham, against the peace,” &e. Appellant went to trial on plea of not guilty, and was convicted and fined.
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Appeal from Circuit Court of Greene. Tried before Hon. Charles Pelham. This was an indictment of the husband .for an assault and battery upon his wife. The indictment charges that before the finding thereof, “ George Fulgham assaulted and beat his wife, Matilda Fulgham, against the peace,” &e. Appellant went to trial on plea of not guilty, and was convicted and fined. From the bill of exceptions, it appears that the accused was chastising one of his children, when the wife remonstrated, thinking the punishment excessive. The child ran, pursued by the father, and both followed up by the wife.…
1Opinion of the CourtPeters, J.
This is a-criminal prosecution by indictment upon a charge of assault and battery by the husband upon the person of the wife. The defense relied on by the accused is, that a husband may give his wife moderate correction in order to secure her obedience to his just commands.
This authority, on the part of the husband, to chastise the wife with rudeness and blows in order to coerce her obedience to his domestic commands, was not admitted in the age of Judge Blaekstone, or as he says, “ in the polite reign of Charles the Second,” except among “the lower rank of the people, who were always fond of…
2Cases cited5 opinions
- Turner v. TurnerSupreme Court of Alabama · 1870
- Dale v. GovernorSupreme Court of Alabama · 1831
- Goodrich v. GoodrichSupreme Court of Alabama · 1870
- Moyler v. MoylerSupreme Court of Alabama · 1847
- Alderson v. HarrisSupreme Court of Alabama · 1847
3Cited by6 opinions
- Soto v. CarrasquilloCourt of Appeals for the First Circuit · 1997
- Johnson v. JohnsonSupreme Court of Alabama · 1917
- Bailey v. PeopleSupreme Court of Colorado · 1913
- Jordan v. StateAlabama Court of Appeals · 1915
- Soto v. CarrasquilloCourt of Appeals for the First Circuit · 1997
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