Blue v. State

Dissenting Opinion

Richman, J.

I entertain no doubt of appellant’s guilt of the crime of assault and battery. I condemn his resort to force to maintain a picket line. Whether he struck a hard blow or merely “body-blocked” a gap in a barricade, his act amounted to an unprovoked assault for which he is subject to punishment. I agree that a jury may consider evidence .in aggravation or mitigation of the offense, but, with this very important reservation, that the evidence of aggravation is a part of the State’s case in chief and may not, unless the door is opened, be elicited by cross-examination…