30 Del. 95 | New York Court of General Session of the Peace | 1918
charged the jury in part:
It may be of some assistance to you if the court shall tell 3rou what evidence you should consider and what you should not consider. We will therefore say that }rou should not pay the slightest attention to anything that Martin said to Roe, or that Roe said to Martin before Roe struck Richards.
The question you are to determine is not whether either Martin or Roe used improper and offensive language, the one to the other, but whether Roe was justified in striking Richards. That is all. No words that Martin may have spoken to Roe could have justified an assault on Martin, and much less could the}'’ have justified an assault on Richards.
It is not shown that Richards said anything at all to Roe, but it is claimed that Richards struck Roe on the arm before Roe struck him. You have heard the testimony on that point.
The defendant admits that he struck Richards. He also admits that Martin did not strike or attempt to strike him, and 3^et he, the defendant, endeavored to shake him, and that Richards then struck him on the arm. If you believe this then we sas^ that
Verdict, guilty with recommendation to mercy.