Powell v. King

Plaintiff Alfred Powell recovered judgment below for injuries sustained from an assault and battery committed on him by defendant Samuel King. From a denial of his motion for a new trial, defendant appeals.

Neither of the errors assigned by defendant requires reversal.

It is first contended that the court erred in allowing into evidence the record of his plea of guilty to a charge of assault1 arising out of the same trans*44action which forms the basis of the present civil suit. While conceding the general rule2 allowing the use of guilty pleas in civil suits as admissions,3 Diamond v. Holstein…