Fawkes v. Reynolds

This is an action to recover damages for an alleged battery committed by the defendant upon the person of the plaintiff. The defendant admitted the battery, but justified it on the ground of self-defense and defense of property, The jury returned a verdict in favor of the defendant, and plaintiff appeals. Upon the appeal plaintiff presented two points in his briefs — first, that the uncontradicted evidence establishes that the defendant used excessive and unjustifiable force, and, second, that the court erred in instructing the jury with reference to the effect of a plea of guilty entered by…