{ "id": 2083657, "name": "STATE v. NICK ALFORD", "name_abbreviation": "State v. Alford", "decision_date": "1873-01", "docket_number": "", "first_page": "322", "last_page": "324", "citations": [ { "type": "official", "cite": "68 N.C. 322" } ], "court": { "name_abbreviation": "N.C.", "id": 9292, "name": "Supreme Court of North Carolina" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "2 Dev. & Bat. 365", "category": "reporters:state", "reporter": "Dev. & Bat.", "case_ids": [ 11276028 ], "opinion_index": -1, "case_paths": [ "/nc/19/0365-01" ] }, { "cite": "2 Dev. & Bat. 365", "category": "reporters:state", "reporter": "Dev. & Bat.", "case_ids": [ 11276028 ], "opinion_index": 0, "case_paths": [ "/nc/19/0365-01" ] } ], "analysis": { "cardinality": 289, "char_count": 4136, "ocr_confidence": 0.418, "pagerank": { "raw": 4.100890240415877e-07, "percentile": 0.9097005269419183 }, "sha256": "7a98522f73f99e4ee74c03271ce17f84dde3bbe6de6aef368e2caaf6d7afa6ec", "simhash": "1:ab01c9a0fd26ca47", "word_count": 716 }, "last_updated": "2023-07-14T18:26:25.985368+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "STATE v. NICK ALFORD." ], "opinions": [ { "text": "Boyden, J.\nIn this case his Plonor charged the jury that if they believed the evidence, the battery was excessive and the defendant was guilty.\nThe evidence was, that the defendant lived with the mother of the boy, and although they were not married, they acted and lived as man and wife, and the mother com-emitted the custody of the boy to the defendant; and that for some misconduct, the defendant whipped the boy, wRo made considerable outcry, and four days afterwards there was a mark on his back the width of a broomstraw, two inches long, where the skin had been broken and there was \u25a0some discoloration. The charge of his Honor was not in \u25a0accordance with the law as laid down by this Court in the case of the State v. Pendergrass, 2 Dev. & Bat. 365.\nIn that case, the defendant was a teacher of a school of \u25a0small children, that upon one occasion, after mild treatment towards a little girl six or seven years old, had failed, the defendant whipped her with a switch, so as to cause marks upon her body,- which disappeared in a few days. Two marks were also proved to have existed, one on the arm, \u25a0and another on the neck, which were apparently made with a larger instrument; but which also disappeared in a. few \u25a0days.\nIn that case, his Honor,'the late Judge Gaston, as humane \u25a0a Judge as ever presided in a Court, discussed the question at much length, and laid down the rule governing such cases. His Honor says, \u201c the line which separates moderate correction from immoderate punishment can only be ascertained by reference to general principles. Any punishment therefore which may seriously endanger life, limb or health, \u25a0or shall disfigure the child, or cause any other permanent injury, may be pronounced in itself immoderate, as not \u25a0only being unnecessary for, but inconsistent with, the purpose for which correction is authorized.\nBut any correction, however severe, which produces temporary pain only, and no permanent injury, cannot be so pronounced, since it may have been necessary for the reformation of the child, and does not injuriously affect its future welfare. \u201cWe hold therefore,\u201d says his Honor, \u201cthat it may be laid down as a general rule that teachers exceed the limits of their authority when they cause lasting mischief; but act within the limits of it, when they inflict temporary pain.\u201d\nThe same rule must govern this case. There is [no evidence of malice, but the case states that the correction was for some misconduct of the boy. It is not pretended that any permanent injury was inflicted, or that an improper instrument was used in correcting the boy, and it is highly probable that the slight mark was caused by the resistance of the boy, as the case states that the boy made considerable outcry.\nWe therefore think his Honor should have instructed the jury, that as it appeared that the chastisement was for the misconduct of the boy, and as the defendant acted in loco parentis, and the injury did not, nor was it in its nature, calculatedfto produce lasting injury to the boy, it did not exceed the limits of .the power granted to the defendant, and he was entitled to a verdict of not guilty.\nThere wasjerror. This will be certified to the end that the defendant may be discharged.\nPkr Curiam.\nJudgment reversed.", "type": "majority", "author": "Boyden, J. Pkr Curiam." } ], "attorneys": [ "Busbee & Busbee, for defendant.", "Attorneg General Hargrove, contra." ], "corrections": "", "head_matter": "STATE v. NICK ALFORD.\nA person standing in loco parentis, ea\u00bfnnot be held criminally responsible for correcting the son of the woman, with whom, at the time, he was living -as man and wife, unless the punishment inflicted exceeded the bounds of moderation and tended to cause permanent injury.\n(State v. Pendergrass, 2 Dev. & Bat. 365, cited and approved.)\nIndictment for an assault and battery, tried at Wake Superior Court, Spring Term, 1872, before Moore, J.\nThe battery was alleged to have been committed on a boy, the son of the woman, with whom the defendant was living as man and wife. The evidence on the trial is fully stated in the opinion of the Court.\nThe jury under the charge of his Honor found the defendant guilty. Motion for a new trial; motion overruled. Judgment and appeal by defendant.\nBusbee & Busbee, for defendant.\nAttorneg General Hargrove, contra." }, "file_name": "0322-01", "first_page_order": 332, "last_page_order": 334 }