Cross v. Carter

Simmons, Chief Justice.

Carter sued Cross in an action for trespass vi et armis, the substance of his declaration being that, without any provocation on his part, Cross had cut, wounded and stabbed him with a knife on each of his arms, greatly injuring him. Defendant denied the allegations in the petition, and alleged that if he wounded the plaintiff at all it was only upon the greatest provocation given by plaintiff, plaintiff having made a deadly and unprovoked assault upon him from which he escaped only by wounding said plaintiff. There was a verdict for plaintiff for $100. Defendant moved…