Clay v. Brown

1. In a suit for assault and battery, if the defendant was authorized by law to do the act complained of, he may plead the same as a justification and obtain all the privileges of one holding the affirmative of the issue. Civil Code (1910), § 4488. In such a case the burden of proof is lifted from the plaintiff and east on the defendant. But in order to obtain such a result, the plea must admit the commission of the act in form and manner as charged in the petition, and a plea which merely admits the act in part and justifies it in part, although setting forth a valid defense, is not such a…