Wilson’s Red Book, 83
Court of Common Pleas of Delaware, Sussex County.
November, 1795.
Evidence that plaintiff shoved defendant, who struck him and cuffed off his hat After five, six or maybe ten minutes, defendant knocked him down. There was much abuse between the strokes, which witness thought the cause of second stroke.
No argument.
BASSETT, C. J. (Charge.)
There is evidence of delay between the times of striking. If you are of opinion that there was time for the parties to cool and there was no resentment for the first abuse — if there was time to cool and plaintiff was cool, and the second stroke was in consequence of the second abuse, the defendant is guilty.
Verdict for defendant