Choate v. Pierce

Citations

• 126 Miss. 209
• 88 So. 627

Syllabus

<p>1. Assault and Battery. Insulting words may furnish excuse or justification in civil prosecutions.</p> <p>Although section 1501, Code of 1906 (section 12bs, Hemingway’s Code, which provides that in trials for assault and battery or for an assault the defendant may give in evidence as excuse or justification insulting words used towards him at the time by the person on whom the assault or assault and battery was committed, and the jury may consider and determine whether such words were or were not sufficient excuse for the offense charged — by its terms only applies in criminal prosecutions for the offenses of assault and assault and battery, nevertheless the principle therein declared applies as well to civil prosecutions for assault or assault and battery.</p> <p>2. Trial. Instruction that plaintiff must establish cause by ‘‘clear preponderance” of evidence held not erroneous.</p> <p>An instruction which informed the jury that the burden of proof was on the plaintiff to establish h'is cause by a clear preponderance of the evidence, and unless so established- the jury should find for the defendant, is not erroneous because of the use of the word “clear,” the clear preponderance of the evidence simply meaning, the preponderance of the evidence.</p>