The question is whether one is criminally liable for assault in the third degree if he goes to the aid of another who he mistakenly, but reasonably, believes is being unlawfully beaten, and thereby injures one of the apparent assaulters. In truth, the seeming victim was being lawfully arrested by two police officers in plain clothes. Defendant stands convicted of such a criminal assault, for which he received a sentence of 60 days in the workhouse...
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