10 Johns. 365
N.Y. Sup. Ct.
1813
Per Curiam.

There was no proof by which to charge the defendant, except his own confession, which the jury ought to have taken altogether, and not to have charged him with killing the dog) without giving due weight to what the defendant said, at the same time, in justification. He killed the dog, but he did so, because the dog assaulted him, in the night, in the highway. It was, therefore, a justifiable act, and the verdict of the jury was against, law and evidence.

Judgment reversed. -