October 1, 2012

George Dungan v. Samuel Godsey, Pulaski, 1820

GEORGE DUNGAN v. SAMUEL GODSEY.

COURT OF APPEALS OF KENTUCKY

9 Ky. 352; 1820 Ky. LEXIS 73; 2 A.K. Marsh. 352

June 12, 1820, Decided

PRIOR HISTORY:  [**1]  Appeal from a Judgment of the Pulaski Circuit Court.

DISPOSITION: Judgment affirmed, with costs and damages.

COUNSEL: Bridges for appellant, Pope for appellee.

OPINION
 [*352]  The Chief Justice delivered the opinion of the court.
This is an appeal taken by the defendant from a judgment for the plaintiff, in an action of assault and battery.

The only question is, whether the court erred in rejecting evidence, offered by the defendant, of matter of provocation at a time and place different from the time and place of committing the assault and battery.

The case of Rochester v. Anderson, 1 Bibb 428, is a case in point; and, for the reasons, and upon the principles, contained in the opinion delivered in that case, the judgment must be affirmed, with costs and damages.

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