State v. Woodward
Supreme Court of New Hampshire
Appeal from the decision of a justice of the peace, on a complaint by John Flanders, the father, for assault and battery alleged to have been committed by the respondent, Alvin A. Woodward, on John W. Flanders, the son of complainant, at Hill, N. H., July 7,1870. Plea, not guilty.
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Appeal from the decision of a justice of the peace, on a complaint by John Flanders, the father, for assault and battery alleged to have been committed by the respondent, Alvin A. Woodward, on John W. Flanders, the son of complainant, at Hill, N. H., July 7,1870. Plea, not guilty. It appeared that a difficulty arose between respondent and said John W. Flanders, in the fall or early winter of 1869, at which time hard words passed between them, and each claimed that the other was mainly in fault, and each claimed that the other laid up a grudge against him from that time, which led, in part at…
1Opinion of the CourtBellows, C. J.
Whether Flanders went to the barn for a proper purpose or not, and was or was not authorized so to do, it appears from the case that he was passiiig out of the lane peaceably, when Woodward seized him by the collar and pulled him towards the main road.
For this there is nothing in the case that furnishes any justification, whether he actually struck the complainant or not.
In any aspect of the case, the respondent would not be justified in using force to expel him until he had refused to depart' on request. So far from that being the case, the complainant was then in the act of departing…
2Cases cited1 opinion
- Scribner v. BeachNew York Supreme Court · 1847
3Cited by2 opinions
- Dukette v. PerrinDistrict Court, D. New Hampshire · 1983
- People v. FaulknerDistrict Court, Virgin Islands · 1929