
    CONSTITUTIONAL COURT, CHARLESTON,
    JAN., 1815.
    The State v. Thomas F. Quin, and others.
    Proof that the prosecutor struck the first blow, will not justify an enormous battery.
    Assault and battery.
   Nott, J.

The only ground for a new trial in this case, is, that the prosecutor gave the first blow, and that the defendant struck in self-defence. Proof that the prosecutor was the aggressor, would not justify an enormous battery; nor, indeed, any, beyond the bounds of self-defence. On both points, there seems to be some doubt as to the facts in this case; it was, therefore, a proper case for the jury ; and although the defendant has not been guilty of a very great offence, he is not entitled to a new trial.

Smith, Bkevard, and Grimke, Js., concurred.  