MAHER V. PEOPLE
10 Mich. 212, 81 Am.Dec. 781 (1862)
NATURE OF THE CASE: Maher (D) appealed his conviction for assault with intent to commit
murder.
FACTS: D entered the saloon where Hunt was standing with several other persons. D on his
way towards Hunt, D fired a pistol and the bullet struck Hunt on the left ear causing a
severe wound. After the firing of the pistol D left the saloon, nothing being said by Hunt
or D. At trial D offered evidence tending to show an adulterous intercourse between his wife
and Hunt on the morning of the assault. A half hour before, D saw them going into the woods
together about half an hour before the assault; that on their coming out of the woods. D
followed them and went after Hunt where he committed the assault. On his way to the saloon
and a few minutes before entering it, D was met by a friend who informed him that Hunt and
D's wife had had sexual intercourse the day before in the woods. D was charged with assault
with the intent to commit murder. This evidence was rejected by the court, and D excepted.
The court suspended the sentence and D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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