We granted the writ of certiorari to the Court of Appeals because that Court stated that it was bound to follow the holdings in State v. Autery, 1 Stew. 399, and Caldwell v. State, 160 Ala. 96, 49 So. 679, that in criminal proceedings charging assault and battery, the defendant may prove the pendency of a civil action against him for the same assault in mitigation of a possible fine, although it doubted...
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