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.

This section contains the nature of the case and procedural background.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.