Butler v. State

This was a criminal prosecution against the appellants, Benjamin Butler, Richard Butler and Major Butler, for an alleged assault and battery on one John W. Chesser, commenced before, and based upon an affidavit filed with, a justice of the peace.

The venue was changed to another justice, who, after hearing the evidence, came to the conclusion that the punishment he was authorized to inflict was not adequate to the nature of the offence shown to have been committed. Whereupon, at the request of the appellants, and by consent of the attorneys for the State, they, the appellants, were required to…