Mosely v. Jamison

Citations

• 66 Miss. 52

Syllabus

<p>Assault and Battery. Evidence in rebuttal.</p> <p>In a civil action for assault and battery, where the plaintiff has introduced evidence of his having been shot by defendant, and of the extent of his damages, and rests, and the defendant introduces evidence of the particulars of the shooting in his justification, the plaintiff in rebuttal may introduce evidence as to the beginning of the difficulty. Such evidence is clearly competent, and its exclusion is error for which a reversal will be awarded.</p>