State v. Costello

I. The events upon which this prosecution is based occurred at the town of Marcus, at 9 :30s P. M. of May 31, 1923. The evidence for the State was that the defendant and his brother jointly assaulted one Collins, and did inflict serious bodily injury upon him. Defendant’s real defense before- the jury was that he acted in self-defense. He testified that Collins assaulted him and struck him. Collins was an elderly man, 52 years of age, and the defendant was a man 26 years of age, weighing about 185 pounds. The sufficiency of the evidence to sustain the verdict is beyond debate, and we give it…