Reports of Decisions in Criminal Cases, Vol. 2
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Excerpt from Reports of Decisions in Criminal Cases, Vol. 2: Made at Term, at Chambers, and in the Courts of Oyer and Terminer of the State of New York Walworth, Circuit Judge, said the day laid in the indictment was not material, and the offence may be proved to have been committed on any other day, before or after that time. The jury, without leaving the bar, acquitted the prisoner on the merits. The People vs. William Winters. A husband has no right to beat his wife or to inflict corporal punishment upon her; but he may defend himself against her, and may restrain her from acts of violence towards himself or towards others. The prisoner was indicted for an assault and battery on his wife. It appeared on the trial that the prisoner attempted to correct one of his children, and that his wife interfered and made such a noise as to alarm the neighborhood. She testified that he struck her on the head with his hand, and bruised her severely. C. Nichols, for the prisoner, contended that the husband had a right to give his wife moderate correction. J. Palmer, (District Attorney,) for the people. Walworth, Circuit Judge, said a husband has no right to heat his wife or to inflict punishment upon her. But he may defend himself against her, and may restrain her from acts of violence towards himself or towards others, for he is accountable for her acts which injure others. The jury being satisfied by other testimony that the prisoner had done nothing more than was necessary to defend himself, in this case, rendered a verdict of not guilty. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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