| State v. Palendrano | |
| Court: | New Jersey Superior Court |
| Full Name: | State of New Jersey v. Marion Palendrano, Defendant. |
| Citations: | 293 A.2d 747; 120 N.J. Super. 336 |
| Decision By: | McGann |
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.
In 1970, Marion Palendrano was indicted in Monmouth County for assault, threatening a person's life, and being a scold.
The court reasoned that the offense was superseded by the New Jersey Disorderly Persons Act.[1] They also expressed concerns that a female-only crime violated due process and the nature of the offense was too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.