California Supreme Court · decided 1875-07-01
<p>Appeal from the District Court, First Judicial District County of Santa Barbara.</p> <p>The complaint charged that the defendant, on the 30th day of July, 1873, willfully, maliciously and violently assaulted the plaintiff, and struck him on the head and hands with a heavy club, and knocked him down, and bruised him, to his damage five thousand dollars. The answer denied that the defendant willfully or maliciously or violently assaulted the plaintiff, or that he struck him with a heavy club, and denied damages. It then admitted that the defendant struck the plaintiff “with a piece of fence pole,” and contained matters of alleged justification. The case was tried before a jury. The Court charged the jury as follows:</p> <p>“The defendant admits that he struck the plaintiff substantially as charged, but claims that he did so in the lawful and necessary protection of his property.”</p> <p>The testimony was not brought up in the transcript. The jury rendered a verdict in favor of the plaintiff for one thousand dollars, and judgment was rendered on the verdict. The defendant appealed from the judgment.</p>
Cited by 3 later decisions — most recently January 1909
1 federal appellate · 1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1875-07-01
