State v. William Hussey
North Carolina Supreme Court
44 N.C. 123 (1852)
- Written by Jenny Perry, JD
Facts
William Hussey (defendant) was tried on an indictment for assault and battery against his wife, Beulah Hussey. At trial, Beulah testified that William kicked her on the leg and struck her on the head and side with his fist, causing considerable pain but no permanent injury. Beulah also stated that she gave no provocation for William’s violence. William argued that he had a legal right to give his wife moderate chastisement and therefore could not be held criminally responsible unless the chastisement threatened permanent injury. William also argued that Beulah was not a competent witness to prove she did not provoke the alleged battery. The judge instructed the jury that the law empowered William to give his wife moderate correction if necessary to enforce obedience to his lawful command but no right to beat her from mere wantonness or wickedness. Thus, the judge instructed the jury that if it believed Beulah, William was guilty because the violence was inflicted without cause. The jury found William guilty, and he appealed the conviction.
Rule of Law
Issue
Holding and Reasoning (Nash, C.J.)
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