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Fuente: Caselaw Access Project, Harvard Law School Library Innovation Lab (static.case.law); New York Supreme Court; 11 N.Y. Sup. Ct. 481. Datos: https://static.case.law/ny-sup-ct/11/cases/0481-01.json. Opinión judicial de EE.UU. sin restricciones conocidas de uso: CAP levantó las restricciones el 2024-03-01 (prensa); el espejo HF free-law declara cc0-1.0; NO c… Abrir la fuente
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Burke v. People, 11 N.Y. Sup. Ct. 481 (New York Supreme Court, 1875) Brady, J.: The injury inflicted upon the complainant is described by the physician who attended him, thus: “ The wound was merely the outer edge of the left ear; it was pulled off from there right down to the lower lobe of the ear; it was merely the outer edge, just reaching as far as the cartilage—a simple, clean wound.” “ This cut was one-eighth of an inch deep all the way round.” The circumstances under which the wound was made were these: The complainant and the prisoner had been together, drinking and disputing, but had not come to blows. They separated, the complainant going to a saloon, and the prisoner elsewhere. The complainant, from some fancy that the prisoner would return and assault him, tried to borrow a pistol, and then an ice pick, but getting neither, he took a poker and kept it. The prisoner finally came into the saloon, and presently went up to the complainant, taking hold of the lappel of his coat. It was, it would seem, a social approach. It is apparent that it was not a hostile demonstration — at all events, from the testimony given. The complainant was very much intoxicated then, and there is no doubt that the prisoner was drunk. While in this position, something was said by the prisoner, which is not revealed, and the complainant thereupon struck at him with the poker. They clinched, and the prisoner bit his ear. It would seem, from the evidence of the physician, that he must have…
Fuente: Caselaw Access Project, Harvard Law School Library Innovation Lab (static.case.law); New York Supreme Court; 11 N.Y. Sup. Ct. 481. Datos: https://static.case.law/ny-sup-ct/11/cases/0481-01.json. Opinión judicial de EE.UU. sin restricciones conocidas de uso: CAP levantó las restricciones el 2024-03-01 (prensa); el espejo HF free-law declara cc0-1.0; NO c… Abrir la fuente
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Burke v. People, 11 N.Y. Sup. Ct. 481 (New York Supreme Court, 1875) Brady, J.: The injury inflicted upon the complainant is described by the physician who attended him, thus: “ The wound was merely the outer edge of the left ear; it was pulled off from there right down to the lower lobe of the ear; it was merely the outer edge, just reaching as far as the cartilage—a simple, clean wound.” “ This cut was one-eighth of an inch deep all the way round.” The circumstances under which the wound was made were these: The complainant and the prisoner had been together, drinking and disputing, but had not come to blows. They separated, the complainant going to a saloon, and the prisoner elsewhere. The complainant, from some fancy that the prisoner would return and assault him, tried to borrow a pistol, and then an ice pick, but getting neither, he took a poker and kept it. The prisoner finally came into the saloon, and presently went up to the complainant, taking hold of the lappel of his coat. It was, it would seem, a social approach. It is apparent that it was not a hostile demonstration — at all events, from the testimony given. The complainant was very much intoxicated then, and there is no doubt that the prisoner was drunk. While in this position, something was said by the prisoner, which is not revealed, and the complainant thereupon struck at him with the poker. They clinched, and the prisoner bit his ear. It would seem, from the evidence of the physician, that he must have…