STATE v. FOWLER

No. 7412SC26.

205 S.E.2d 749 (1974)

22 N.C. App. 144

STATE of North Carolina v. William FOWLER.

Court of Appeals of North Carolina.

June 19, 1974.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Asst. Atty. Gen. H. A. Cole, Jr., Raleigh, for the State.

Doran J. Berry, Fayetteville, for defendant.


CARSON, Judge.

The defendant moved for a judgment of nonsuit at the end of the State's evidence and again at the end of all the evidence. He argues that a beating inflicted for corrective or disciplinary purposes without an evil motive is not a crime, even if painful and even if excessive.

To be punishable as a violation of G.S. § 14-360, the act must first be willful. State v. Tweedy, 115 N.C. 704, 20 S. E. 183 (1894). Willful means more than intentional...

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