State v. Ryley — 2 Del. Cas. 247

Majority

p. 247

STATE v. NEHEMIAH RYLEY.

Court of Quarter Sessions. Sussex.

November 16, 1802.

Rodney’s Notes.

Mr. Cooper for defendant.

We shall be able to justify the assault and battery, [one] having been first committed on us.

Joseph Wyatt. Ryley said he should take Oday’s cow etc. Asked me to go. I went. He told Oday he should take the cow and barrow. Oday at first agreed, but at last refused. Got to quarrelling, began to scuffle. Dan spit on him and then struck him twice. Ryley pushed him in the fire.

Cross-examined. They were not angry at first.

p. 248

Mr. Broom for the State.

Ryley was in fault for going to the house and taking the brandy.

Mr. Cooper for defendant.

Mr. Wilson for defendant

Mr. Broom in conclusion.

Verdict, not guilty.