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State v. Rhodes

Supreme Court of North Carolina

61 N.C. 453 (1868)

Relevant factsFree

Mr. Rhodes (defendant) struck his wife, Elizabeth, three times with a switch about the size of his finger and was indicted for assault and battery by the State of North Carolina (plaintiff). The jury returned a special verdict finding only that Rhodes struck Elizabeth three times without provocation, without resolving guilt; the trial judge concluded, based on those facts alone, that Rhodes was not guilty, and the State appealed.

IssueFree

Whether a husband may be convicted of assault and battery for striking his wife without provocation.

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