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struck him on the head with an ax, causing death the following
day. The lower court took into consideration the mitigating
circumstance that the act was committed in the immediate
vindication of a grave offense to the one committing the felony.
The offense which the accused was endeavoring to vindicate
would to an average person be considered as a mere trifle. But
since to this defendant, an old man, it evidently was a serious
matter to be made the butt of a joke in the presence of so many
guests, it is proper to give the defendant the benefit of this
mitigating circumstance.
MALCOLM, J.:
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