People v. Capello

I do not concur in the foregoing opinion. The testimony of the- plaintiff in error was corroborated in its essential particulars by four other witnesses who testified in his behalf and by one of the witnesses for the People. The only material difference between the testimony of the plaintiff in error and that of four of the witnesses for the People is whether he struck the deceased more than once or kicked or stamped him after he struck him with the wagon stake, and in those particulars the testimony of the plaintiff in error is supported by the greater number of witnesses, and, so far as can…