State v. McDonald

7. Mo. App. 510 (1879)

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State v. McDonald

Missouri Court of Appeals
7. Mo. App. 510 (1879)

Facts

William McDonald (defendant) was a streetcar driver and conductor. A passenger paid the fare to ride the streetcar. However, McDonald honestly believed that the passenger had not paid the fare. After the passenger refused to pay anything further, McDonald forcibly removed the passenger from the streetcar. McDonald was criminally charged with assault and battery for his physical attack on the passenger. The trial court ruled that the passenger was entitled to a peaceful journey regardless of what McDonald believed, and McDonald was convicted. McDonald appealed, arguing that he could not be criminally liable because he had a legal right to eject nonpaying riders and never intended to commit an unlawful assault or battery.

Rule of Law

Issue

Holding and Reasoning (Lewis, J.)

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