Legal Opinion

State v. Goodrich

Supreme Court of Vermont

Decided January 15, 1847PublishedCited by 8 opinions

Indictment for assault and battery upon one Green by firing at him with a gun. Plea, not guilty, and trial by jury, June Term, 1846, — Bennett, J., presiding.

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Indictment for assault and battery upon one Green by firing at him with a gun. Plea, not guilty, and trial by jury, June Term, 1846, — Bennett, J., presiding. On trial evidence was given tending to prove that a quantity of hay had been attached, at the suit of Green against the respondent, as the property of the respondent; that on the evening of the 16th of October, 1845, Green and one Conner, at the request of the constable who made the attachment, went to the house of the respondent, where the hay was, for the purpose of seeing that the hay was safe and not in any way wasted; that they…

1Opinion of the Court

The opinion of the court was delivered by

Redfield, J.

The question made in the defence of the present «ase was, whether the principal witness on the part of the state, upon whom the defendant is charged with making an assault, did himself make the first assault, and whether what the defendant did was done in self defence. Green testified, that he did not make any disturbance about the defendant’s dwelling, or assault upon his person. He was then asked if he did not, while on the way to the defendant’s house, on the night of the affray, declare to a particular person, that he wanted some powder…

2Cases cited1 opinion

  1. Pierce v. GilsonSupreme Court of Vermont · 1837

3Cited by8 opinions

  1. Perkins v. StateWisconsin Supreme Court · 1891
  2. People v. AtwoodMichigan Supreme Court · 1915
  3. State v. WilliamsSupreme Court of Louisiana · 1888
  4. Little v. StateTennessee Supreme Court · 1873
  5. State v. QuenOregon Supreme Court · 1906

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