Robinson v. Wilson
Supreme Court of Vermont
Trespass for assault and battery. Plea, the general issue, with notice that the defendant would justify, by proving that the plaintiff committed the first assault. Trial by jury, December Term, 1848, —Poland, J., presiding.
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Trespass for assault and battery. Plea, the general issue, with notice that the defendant would justify, by proving that the plaintiff committed the first assault. Trial by jury, December Term, 1848, —Poland, J., presiding. On trial the defendant offered in evidence the record of a judgment against the plaintiff, upon a criminal complaint, for the assault upon the defendant set forth in the defendant’s notice of justification ; to the admission of which the plaintiff objected, and it was excluded by the court. The jury returned a verdict for the plaintiff for one cent damages, and judgment…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
"We think there was no error in the county court, in excluding the record of the conviction of the plaintiff in the prosecution in behalf of the state. It might have been procured by the testimony of this very defendant, who now proposes to use the record. If put in, it would prove nothing as to the excess of force. Both parties may be guilty of a breach of the peace, and liable to be proceeded against criminally.
In relation to the allowance of the certificate by the county court, it is mostly a question of fact; and the decision of the…
2Cited by12 opinions
- Montgomery v. CrumIndiana Supreme Court · 1928
- Platt v. ShieldsSupreme Court of Vermont · 1923
- Fratini v. CasliniSupreme Court of Vermont · 1894
- Healy, Admr. v. MooreSupreme Court of Vermont · 1936
- Girard Et Ux. v. Vt. Mut. Fire Ins. Co.Supreme Court of Vermont · 1931
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