Maher v. People

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Facts: D found out that one Patrick Hunt was having an adulterous relationship with D's wife. D entered into a saloon shortly after the discovery and shot Hunt through the left ear (nonfatal).

Procedural History: D charged with an assault with intent to kill and murder. Trial court ruled that the discovery of the adultery was inadmissible evidence. D convicted of assault with intent to murder.

Issue: IF death had resulted from the shooting, would the charge have been manslaughter, or murder? If manslaughter, then the actual charge should only be assault and battery - D could not be found guilty of intent to murder. If murder, then the actual charge should be assault with intent to kill.

Holding: If the provocation was sufficient is a question for the jury to decide. If the provocation is found to be sufficient, then the charge should only be assault.

Judgment: Reversed, and new trial granted.