State v. Richard Oliver
North Carolina Supreme Court
70 N.C. 60 (1874)
- Written by Jenny Perry, JD
Facts
Richard Oliver (defendant) came home intoxicated one morning after breakfast was over. Oliver proceeded to complain about the breakfast leftovers, threw his coffee cup and the coffee pot across the room, and went outside and cut two four-foot-long switches. Oliver then beat his wife with the switches, telling her that she and her mother had aggravated him near to death. One of the switches was about half the diameter of a man’s little finger, and the other was smaller. Witnesses to the beating told Oliver to stop after he struck his wife four times, and he desisted. One witness testified that Oliver struck his wife as hard as he could. Mrs. Oliver was left with bruises on her arm that lasted for two weeks but did not prevent her from working. The trial court found Oliver guilty of assault and battery, and Oliver appealed.
Rule of Law
Issue
Holding and Reasoning (Settle, J.)
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