
    Wheeler v. Whitney.
    In trespass for an assault, a justification of the assault in self-defence is not available under the general issue.
    Trespass, for an assault and battery. Plea, the general issue. The court gave the jury certain instructions on the subject of self-defence, to which the defendant excepted.
    
      .Blair Burleigh and Pike Blodgett, for the defendant.
    
      Carpenter and Fling, for the plaintiff.
   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.  