Supreme Court of Missouri October 15, 1872 (Rhine v. Montgomery)

Adams, Judge,

delivered the opinion of the'court.

This was an action for assault and battery. The answer sets up three separate defenses: first, a denial of the assault and battery ; second, that plaintiff made the first assault, which was repelled by the defendant in self-defense ; third, that the defendant was in his own dwelling, and the plaintiff was unlawfully there, and refused to leave,