Nature of the Case
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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.
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