Story Case

Jane, the wife of Henry Sanaman, became angry at Sarah Hart and proceeded to punish her with a heavy weapon. Sanaman was present and admonished his wife for her action. She did not heed him, however, and severely beat Miss Hart. Following this, Miss Hart filed criminal charges against both Mr. and Mrs. Sanaman for assault and battery. There was no question as to the guilt of the wife. The only question with the Court was with reference to Sanaman's guilt. Sarah Hart maintained that he was responsible, since he was present when his wife committed the wrong. Is this correct?

Ruling Court Case. State Vs. Mulvey, Volume 43 Alabama Reports, Page 316; Volume 94 American Decisions, Page 84

Mrs. Mulvey, the defendant's wife, kept and owned a grocery store. On a certain day, when both the defendant and his wife were present, one Collins and a friend went into the store and called for some whiskey. Mulvey directed his wife, who was behind the counter, to give them the liquor, which she did, and received twenty cents in payment thereof. Neither had a license to sell liquor. The husband was indicted and tried for having sold liquor without a license. The defendant claimed that he should not be held criminally responsible for this act of his wife; that he was in no wise connected with the store; that his wife was the exclusive owner of it; and that he had an independent employment.

Decision: The Court was of the opinion that he might be punished criminally under these circumstances. Although the immediate act, which constituted the violation of the law was done by his wife, it was done in his presence and at his direction, and he is responsible therefor.

Ruling Law. Story Case Answer

By law, the husband is given the right and power to control and regulate the conduct of his wife. This is not only a right and a power, but he is under a duty to see to it that she engages in nothing that is illegal or contrary to law. If the wife, in his presence or at his direction, commits a crime, the husband may be prosecuted criminally therefor.

When the wrong is done in the presence of the husband, it is presumed that the wife acted under the coercion of the husband. If she acts under the coercion of the husband, she may not be prosecuted criminally; but in any case, where it appears that she has taken an active part in the crime, she may be prosecuted jointly with the husband or alone. This presumption, that the wife acts under the influence of the husband because the wrong is committed in his presence, may be rebutted by the husband so that he will go free. That is, prima facie, the case is against him, but if he shows that in fact she was not under his influence, then he has given sufficient evidence to have the action dismissed as to himself. Sanaman of the Story Case could no doubt do this.