Lawlor v. People

Plaintiff in error was tried and convicted in the Criminal Court of Cook county, upon an indictment in the usual form, charging him with an assault upon one Devol with intent to murder him. Upon the trial, evidence was given tending to show that only a short time previously to the assault in question, and on the same day, Devol had committed an assault and battery upon plaintiff in error, by knocking him down in the street, and while the former was upon the body of the latter, inflicting personal injuries, some person in Devol’s company kicked plaintiff in error; that at the time the assault…