Precedent

In regards to the case outlined on page 18, question 6, I will take the position that I am advising the husband. I would tell him that he has not committed a crime, and would almost certainly be acquitted if charged in this matter.

The reason I believe this is that in “State v. Black”, Justice C.J. Pearson states, “A husband is responsible for the acts of his wife, and he is required to govern his household and for that purpose the law permits him to use towards his wife such a degree of force as is necessary to control an unruly temper and make her behave herself; and unless some permanent injury be inflicted, or there be an excess of violence, or such a degree of cruelty as shows that it is inflicted to gratify his own bad passions, the law will not invade the domestic forum or go behind the curtain. It prefers to leave the parties to themselves, as the best mode of inducing them to make the matter up and live together as man and wife should.” With this ruling in...