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Rex v. Smith

2 Car & P. 449 (1826)

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Rex v. Smith

Gloucester Assizes
2 Car & P. 449 (1826)

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Facts

George Smith was a developmentally disabled adult who lived in a house with his siblings, William, Thomas, and Sarah Smith (defendants). Their father had died, leaving a will that obligated William, Thomas, and Sarah to pay George a certain yearly sum but not to provide physical care to George. A magistrate visited the house and found George’s room poorly maintained and improperly heated, causing George’s limbs to be in a contracted state. William, Thomas, and Sarah were charged with assault, false imprisonment, and unlawful neglect of George. William, Thomas, and Sarah pleaded not guilty.

Rule of Law

Issue

Holding and Reasoning (Burrough, J.)

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