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.
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Decision The court reasoned that the offense was superseded by the New Jersey Disorderly Persons Act.Dressler, J. Understanding Criminal Law, Fifth Edition. Matthew Bender & Company, Inc. Newark, NJ: 2009, p. 28 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.
See also Commonwealth v. Donoghue, an earlier Kentucky case which upheld common law offenses in that state.
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