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State v. Rhodes

Supreme Court of North Carolina
61 N.C. 453 (1868)


Facts

Mr. Rhodes (defendant) struck his wife, Elizabeth, three times with a switch that was about the size of his finger. Mr. Rhodes was indicted, or formally charged, with assault and battery by the State of North Carolina (plaintiff). The jury returned a special verdict, which is a jury verdict that makes specific findings of fact but does not apply the law or make a final determination as to liability or guilt. The special verdict found that Mr. Rhodes struck Elizabeth three times without provocation. The judge found that, based upon the facts provided by the special verdict, Mr. Rhodes was not guilty. The state appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

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Issue

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Holding and Reasoning (Reade, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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