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Criminal Law Keyed to Kadish
Maher v. People
Facts
Defendant was charged with assault with the intent to kill and murder. Defendant entered a saloon and shot the victim, Patrick Hunt, resulting in a non-fatal wound. At trial, Defendant offered evidence to show that the victim had engaged in adulterous intercourse with Defendant’s wife less than an hour before the assault. The trial court ruled this evidence inadmissible and convicted Defendant of assault with the intent to murder. Defendant appeals on the grounds that the evidence was improperly rejected as is should have been admitted to show that Defendant was adequately provoked and should not have been found guilty of assault with the intent to murder, but only of assault and battery.
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