WHEELER v. WHITNEY

In trespass for an assault, a justification of the assault in self-defence is not available under the general issue.

FOSTER, J.

Under the pleadings in this case, the exception to the instructions of the court cannot be sustained. The justification of self-defence was not available. Jewett v. Goodall, 19 N.H. 562.

Exception overruled.

ALLEN, J., did not sit: the others concurred.