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Maher v. People

Michigan Supreme Court
10 Mich. 212 (1862)



Maher (defendant), believing that his wife and Patrick Hunt were having an affair, followed the pair as they entered the woods together. When Hunt and his wife returned a half hour later, Maher followed Hunt to a saloon. Just prior to entering the saloon, a friend told Maher that his wife and Hunt had sexual intercourse the day before. Maher entered the saloon, approached Hunt, said something unintelligible to him, and shot him in the left ear. Maher was charged with assault with intent to kill. At trial, the judge refused to allow evidence of the facts leading up to the shooting as tending to show proof of provocation. Maher was found guilty and he appealed.

Rule of Law


Holding and Reasoning (Christiancy, J.)

Dissent (Manning, J.)

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