Alexander County NcArchives Court.....Richard Oliver, State V. 1874
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File contributed for use in USGenWeb Archives by:
Guy Potts http://www.genrecords.net/emailregistry/vols/00017.html#0004214 January 29, 2009, 7:33 pm

Source: Nc Reports
Written: 1874

State v. Richard Oliver

Alexander County

January Term 1874

The doctrine of years ago, that a husband had the right to whip his wife, 
provided he used a switch no larger than his thumb, no longer governs the 
decisions of our Courts: and the opinion, more in accordance with our present 
civilization, that a husband has no legal right to chastise his wife under any 
circumstances, prevails. 

Indictment, for an Assault and Battery, tried before his Honor, Judge Mitchell 
at the Fall Term, 1873, of Alexander Superior Court. 

On the trial, the jury found the following facts: 

Defendant came home intoxicated one morning after breakfast was over; got some 
raw bacon, said it had skippers on it, and told his wife she would not clean 
it. He sat down and eat a little, when he threw the coffee cup and pot into 
the corner of the room, and went out; while out, he cut two switches, brought 
them in, and throwing them on the floor, told his wife that if he whipped her, 
she would leave; that he was going to whip her, for she and her d—d mother had 
aggravated him near to death. He then struck her live licks with the two 
switches, which were about four feet long, with the branches on them, about 
half way, and some leaves. One of the switches was about half as large as a 
man's little finger, the other not so large. He had them in both hands, and 
inflicted bruises on her arm, which remained for two weeks, but did not 
disable her from work. 

One of the witnesses swore he struck as hard as he could. Others were present, 
and after defendant had struck four licks, told him to desist. Defendant 
stopped, saying if they had not been there he would have worn her out. 

Upon these facts the Court found defendant guilty, and fined him $10. 
Defendant appealed. 

Armfield for defendant. 

Settle, J. [see original case for judge's notes]

Let it be certified that the judgment of the Superior Court is affirmed.

Per Curiam.  Judgment affirmed.

File at: http://files.usgwarchives.net/nc/alexander/court/richardo1438gwl.txt

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