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The prosecutors maintained that Oneous acted in revenge for an earlier incident in which Smerkle was charged with assaulting the defendant after a fight over liquor.
Defense lawyers countered that Smerkle was drunk, producing evidence that his blood alcohol level was 0.27 (0.1 is legally intoxicated). They contended that Oneous was acting to protect his friend. Ms. Annie Fanny, when he struck the deceased.
Medical expert Dr. 1. Feelgood testified that the blow from the guitar was not the cause of death, that Smerkle's lacerations would have been more extensive if the blow had been delivered with force sufficient to kill.
Annie Fanny told the judge that Oneous came to her defense after Smerkle hit her in the face. She added that she would have suffered more serious injury if he hadn’t interrupted Smerkle’s advance.
Betty Oneous. the defendant's wife. said Oneous and Ms. Fanny were, on the porch drinking whiskey together at the time the Fight occurred, contradicting Annie Fanny’s statement that she hadn’t been drinking that day. But under cross-examination, Mrs. Oneous admitted that feelings of jealousy over her husband's relationship with Ms. Fanny prompted her testimony.
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