North Carolina Reports; Cases Argued and Determined in the Supreme Court of North Carolina Volume 65

 
9781234197940: North Carolina Reports; Cases Argued and Determined in the Supreme Court of North Carolina Volume 65
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1871 edition. Excerpt: ...to instruct the jury that the feme defendant was not guilty, as the offence had been committed with her husband. and in his presence. The Court declined so to charge, but instructed the jury that when a married woman in the presence of her husband, committed an offence against natural law, and with force and violence, the presumption of coercion did not arise. Defendant excepted; Verdict of guilty; Judgment, and Appeal. Attorney General for the State. No counsel for the defendant. Romusn, J. The liability of a wife for a crime committed in the presence of her husband, has been variously Istated by respectable text writers. Blackstone Book 1, p. 444, says, “ and in some felonies, and some inferior offences committed by her (the wife) through constraint of her husband, the law excuses her: but this extends not to treason, or murder.” The same writer in Book IV, says, “ and she will be guilty in the same manner, of all those crimes which like murder, are mala in ee, and prohibited by the law of nature.” 1 Russ, or. 16. Also in Archbold’s Crim. Prac. and Plead. 6. “ So ifa wife commit an offence under felony, even in company with her husband, she is liable to punishment as if she were not married.” For this is cited 1 Hawk. ch. 1,sec. 13, “and generally a fame covert shall answer as much as if she were sole, for any offence, not capital, against the common law or statute. And if it be of a nature that may be committed by her alone without the concurrence of her husband, she may be punished for it without her husband,” &c. It was upon a recollection of these authorities that his Honor below ruled in the case as he did. Nevertheless upon a fuller examination of the authorities, we are of...

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