Powell v. King

Levin, J.,

(concurring) I concur because I cannot, in the light of decisions of our Supreme Court,1 properly dissent. I write separately because, in my opinion, the rule of law established by those decisions should be reexamined and modified and, better yet, abrogated.

The issue tried to the jury in this civil case was whether the defendant, Samuel King, unjustifiably assaulted the plaintiff, Alfred Davis Powell, with a knife or whether, as claimed by King, he used the knife in self-defense. The jury’s verdict was for the plaintiff in the amount of $10,000.

After the assault, King was charged by…