New York Supreme Court, 1813

Credit v. Brown

Credit v. Brown
New York Supreme Court · Decided August 15, 1813
10 Johns. 365
Credit v. Brown

Opinion of the Court

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. -

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