Jewett v. . Banning
New York Court of Appeals
Appeal from the Supreme Court. Action for an assault and battery, alleged to have been committed by the defendant upon the plaintiff, on the 12j;h of November, 1852. The defendant was the brother of the plaintiff, and the assault was averred to have 'taken place at the house of the. plaintiff, to which the defendant went, on the morning of the 12th of November, and when no one was in or about the house, except the parties.
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Appeal from the Supreme Court. Action for an assault and battery, alleged to have been committed by the defendant upon the plaintiff, on the 12j;h of November, 1852. The defendant was the brother of the plaintiff, and the assault was averred to have 'taken place at the house of the. plaintiff, to which the defendant went, on the morning of the 12th of November, and when no one was in or about the house, except the parties. On the trial, evidence was offered tending to show that the plaintiff, immediately before the defendant was seen to go to the house on the day named, was in good health and…
1Opinion of the Court
The first question presented for our consideration upon this appeal, is, as to the correctness of the charge of the judge at the circuit, in stating to the jury that if they were satisfied from the testimony that there existed any ill-feeling on the part of the defendant towards the plaintiff, that was a circumstance to be taken into the account. The fact of an assault and battery upon the plaintiff, on the day named, by some one, would seem to have been established by proof satisfactory to the jury. The fact of such an assault, even from the imperfect statement of the testimony contained in…
2Cases cited1 opinion
- People ex rel. Kline v. RickertNew York Supreme Court · 1828
3Cited by9 opinions
- Stokes v. . People of the State of N.Y.New York Court of Appeals · 1873
- M'kee v. . the PeopleNew York Court of Appeals · 1867
- Hart v. CommonwealthCourt of Appeals of Kentucky · 1887
- People v. VituskyAppellate Division of the Supreme Court of the State of New York · 1913
- McKee v. PeopleNew York Supreme Court · 1867
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