Scott v. Commonwealth

In Scott v. Commonwealth, 143 Va. 510, 129 S.E. 360 (1925), the victim's father, the town policeman, arrested companions of the defendant. The defendant confronted the victim and started insulting his father calling him a bootlegger and a gambler. The victim told the defendant not to say such things; the defendant dared the victim to stop him. The court held misconduct "includes . . . violent and indecent language . . . calculated to provoke a breach of the peace." Id. at 516, 129 S.E. at 362. Though the victim struck the first blow, the defendant was at fault which eliminated his claim of justifiable self-defense.