State v. Palendrano

State v. Palendrano, 120 N.J. Super. 336, 293 A.2d 747, 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.

Background

In 1970, Marion Palendrano was indicted in Monmouth County for assault, threatening a person's life, and being a scold.

Decision

The court reasoned that the offense was superseded by the New Jersey Disorderly Persons Act. They also expressed concerns that a female-only crime violated due process and the nature of the offense was too vague. It was also opined that the punishment of ducking could amount to a punishment, in which case that punishment was unlawful under the New Jersey Constitution of 1844 or since 1776.