Ayres v. Kelley
Illinois Supreme Court
This was an action of trespass, for assault and battery, by Kelley against Ayres. Heard at the September term, 1849, before Denoting, Judge, and a jury. Verdict and judgment for plaintiff for $33 33. The defendant appealed. The defendant filed two pleas—1st, not guilty; 2d, son assault demesne. Before the trial of the cause defendant moved the Court for leave to withdraw his plea of not guilty, which was denied by the Court. The denial of this motion is assigned for error.
1Opinion of the Court
Opinion by Treat, C. J.:
This was an action of trespass, for an assault and battery. The defendant pleaded not guilty, on which issue was taken; and son assault demesne, to which the plaintiff replied de injuria. Previous to the trial, the defendant asked leave to withdraw P^ea °f not guilty? which the court denied. On the trial, the Court refused to instruct the jury “ that, if the complainant committed the first assault, the verdict should be not guilty;” but instructed them that if the defendant carried his resistance further than was necessary in self defence, they should find for the…
2Cited by10 opinions
- New England Fire & Marine Insurance v. WetmoreIllinois Supreme Court · 1863
- Gizler v. WitzelIllinois Supreme Court · 1876
- Spencer v. McMastersIllinois Supreme Court · 1855
- Chicago, Rock Island & Pacific Ry. Co. v. BarrettAppellate Court of Illinois · 1885
- Dana v. AdamsIllinois Supreme Court · 1852
5 more not listed; retrieve them via the Exa API.