State v. Elliot
Superior Court of New Hampshire
Complaint for an assault and battery, which was tried before a justice of the peace, and was brought to this court by appeal of the respondent. On the trial it appeared that the complainant, one Mrs. Moore, had formerly lived, with the permission of the owner, in a small tenement some four or five years, paying no rent, and that there were no windows in it.
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Complaint for an assault and battery, which was tried before a justice of the peace, and was brought to this court by appeal of the respondent. On the trial it appeared that the complainant, one Mrs. Moore, had formerly lived, with the permission of the owner, in a small tenement some four or five years, paying no rent, and that there were no windows in it. Mrs. Moore testified that she was informed by the owner, that if she would procure windows for the house, she might remove them when she left. She procured the windows and had them fitted to their places in the house. Before March, 1838,…
1Opinion of the CourtUp ham, J.
The defence in this case is a justification. In a civil suit this could not be given in evidence, except specially pleaded ; but in a criminal prosecution such defence is admissible under the plea of not guilty. 2 Pet. Ab. 401; 6 Mod. 172; 12 Salk. 642; Davis' Justice 265.
The question arising is, whether the justification is made out.
The assault and battery originated in a controversy as to the ownership of certain windows. These windows had been placed in a dwelling-house by the complainant while it was occupied by her, as a tenant at sufferance. On removal of the tenant the windows were…
2Cases cited2 opinions
- Walker v. ShermanNew York Supreme Court · 1839
- Kittredge v. WoodsSuperior Court of New Hampshire · 1826
3Cited by2 opinions
- Dukette v. PerrinDistrict Court, D. New Hampshire · 1983
- State v. DavidsonSupreme Court of New Hampshire · 2012