Patterson v. Kise

To an action of assault and battery, the defendants pleaded a justification under a warrant from a justice of the peace; to which plea there was a demurrer, and judgment for the defendants.

It is objected, 1st, that the warrant set out in the plea shows, on its face, that it was for an offence committed posterior to its date; 2ndly, that there is. no averment that the defendant showed the warrant; Srdly, that it is not shown that the warrant was returned; 4thly, that the plea does not show the appointment of the constable; 5thly, that the warrant purports to he for an affray or assault and…