State v. Palendrano
Encyclopedia
State v. Palendrano, 120 N.J. Super. 336, 293 A.2d 747
(Law Div. 1972), was a legal case
decided by the New Jersey Superior Court
, Law Division, holding that the common law
offense of being a common scold
was no longer a crime despite the presence of reception statutes in the state. The court reasoned that the offense was superseded by the New Jersey Disorderly Persons Act.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(Law Div. 1972), was a legal case
Legal case
A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal...
decided by the New Jersey Superior Court
New Jersey Superior Court
The Superior Court is the state court in the U.S. state of New Jersey, with state-wide trial and appellate jurisdiction. The Superior Court has three divisions: the Appellate Division is essentially an intermediate appellate court while the Law and Chancery Divisions function as trial courts...
, Law Division, holding that the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
offense of being a common scold
Common scold
In the common law of crime in England and Wales, a common scold was a species of public nuisance—a troublesome and angry woman who broke the public peace by habitually arguing and quarreling with her neighbours...
was no longer a crime despite the presence of reception statutes in the state. The court reasoned that the offense was superseded by the New Jersey Disorderly Persons Act.
See also
- Commonwealth v. DonoghueCommonwealth v. DonoghueCommonwealth v. Donoghue, 63 S.W.2d 3 , was a case decided by the Kentucky Court of Appeals that upheld the ability of judges to create common law crimes in the state of Kentucky, which has complemented codified criminal laws with common law criminal offenses imported through reception statutes...
, an earlier KentuckyKentuckyThe Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...
case which upheld common law offencesCommon law offencesCommon law offences are crimes under English criminal law and the related criminal law of Commonwealth of Nations countries. These are offences of the common law which are developed entirely by the courts over the years, and for which there is no actual legislation.The various common law offences...
in that state.
External links
- Full text opinion from Google ScholarGoogle ScholarGoogle Scholar is a freely accessible web search engine that indexes the full text of scholarly literature across an array of publishing formats and disciplines. Released in beta in November 2004, the Google Scholar index includes most peer-reviewed online journals of Europe and America's largest...