CHAMBERS v. CAGLE

7 Div. 436.

123 So.2d 12 (1960)

L. B. CHAMBERS v. I. D. CAGLE.

Supreme Court of Alabama.

July 14, 1960.


Attorney(s) appearing for the Case

W. M. Beck and Loma B. Beaty, Fort Payne, for petitioner.

Scott & Scott, Fort Payne, and Dawson & McGinty, Scottsboro, opposed.


PER CURIAM.

The Court of Appeals held that a defendant is entitled to the general charge when the complaint charged that the defendant assaulted and beat plaintiff, and the proof showed that one Stone committed the assault and battery at the instigation of the defendant but not in defendant's presence. The opinion states:

"It is our conclusion that under the complaint in this case charging a direct assault by the defendant, and under the general principles...

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