Collins v. Todd
Supreme Court of Missouri
Appeal from Howard, Circuit Court. 1. The facts received in evidence in mitigation of the offence were an aggravation instead of a mitigation of it. What is done in the heat of blood, the law attributes to the infirmity of human nature, and extenuates. What is done after time for reflection, proceeds from the wickedness of the heart — is revenge, and aggravates the damages. Lee v. Woolsey, 19 J. R. 319. Avery v. Ray, 1 Mass. Rep. 12. Matthews v. Terry, 10 Conn.
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Appeal from Howard, Circuit Court. 1. The facts received in evidence in mitigation of the offence were an aggravation instead of a mitigation of it. What is done in the heat of blood, the law attributes to the infirmity of human nature, and extenuates. What is done after time for reflection, proceeds from the wickedness of the heart — is revenge, and aggravates the damages. Lee v. Woolsey, 19 J. R. 319. Avery v. Ray, 1 Mass. Rep. 12. Matthews v. Terry, 10 Conn. Rep. 459. Rochester v. Anderson, 1 Bibb, 428. Fullerton v. Warrick, 3 Blackf. 219. Cushman v. Waddill, 1 Baldwin, 58. Anderson v.…
1Opinion of the CourtRylakd, Judge
This was a civil action by Collins v. Todd, for an assault and battery upon him while at work in his field. The defend*538ant, in Ms answer, admitted an assault and battery, but insisted that it was in Ms own defence ; stating that on tbe day tbe affray occurred, be was in bad health, and accidentally seeing tbe plaintiff in bis field, went there to learn of him why be had used abusive language towards Ms sister-in-law' and niece, when the plaintiff assaulted him, and thereupon he defended himself.
Upon a trial by a jury, the defendant offered evidence to the effect, that his niece, Rebecca Todd,…
2Cases cited2 opinions
- Rochester v. AndersonCourt of Appeals of Kentucky · 1809
- Coxe v. WhitneySupreme Court of Missouri · 1845
3Cited by9 opinions
- Gore v. . TownsendSupreme Court of North Carolina · 1890
- Bond v. WilliamsSupreme Court of Missouri · 1919
- Keiser v. SmithSupreme Court of Alabama · 1882
- Canadian Industrial Alcohol Co. v. NelsonSupreme Court of Delaware · 1936
- State v. BurnsSupreme Court of Missouri · 1926
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