State v. Herrick
Supreme Court of Minnesota
The defendant was arrested and brought before a justice of the peace, of Olmsted county, upon a charge of assault and battery, alleged to have been committed upon the person of one Frederick A. Coffin. The defendant was found guilty and fined by said justice, and took an appeal to the district court for that county. Hpon the trial in the district court, substantially the following facts appeared from the testimony.
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The defendant was arrested and brought before a justice of the peace, of Olmsted county, upon a charge of assault and battery, alleged to have been committed upon the person of one Frederick A. Coffin. The defendant was found guilty and fined by said justice, and took an appeal to the district court for that county. Hpon the trial in the district court, substantially the following facts appeared from the testimony. The defendant was an employee of the Winona & St. Peter R. B. Co., at Eyota station, as inspector and weigh-master of wheat, and had charge of the company’s elevator at that…
1Opinion of the Court
By the Gov/rt
Berry, J.
Although there was testimony in this case tending to prove the contrary, there was direct *136and. positive testimony showing that the appellant in addition to other violence, struck Coffin, the prosecuting witness, in the eye. Admitting the right of the appellant to use such force as was necessary to enable him to recover the ticket claimed to have been wrongfully taken from his possession, if the direct testimony referred to was true, it can .hardly be contended that the blow struck was justifiable under the rule. Scribner vs. Beach, 4 Denio, 451; 2 Metcalf, 26. It was for…
2Cases cited1 opinion
- Scribner v. BeachNew York Supreme Court · 1847
3Cited by1 opinion
- Downer v. ReadSupreme Court of Minnesota · 1871