Landell v. Hotchkiss , 1 Thomp. & Cook 580 ( 1873 )

Mullin, P. J.

There is no direct proof that defendant fired the first shot. But haying been caught firing the second shot, with the animal still on his land, and it being obvious that the defendant, if he shot her, did so because she was trespassing, the transaction, taken altogether, furnished evidence from which the jury might infer that defendant fired the first shot. The court had no right to refuse to submit the evidence to them.

Judgment must be affirmed.

Judgment affirtjied.