Griffin v. Browning

Stephens J.

1. Where the court charged the jury that a defendant had a right, by an amendment striking a portion of his plea, to withdraw as part of the pleadings an admission made in the plea, and that when this had been done, as in the ease on trial, with reference to a designated paragraph of the defendant’s plea, the admission as made by the defendant in the plea would not be taken by the jury “as an admission by the defendant in the case,” and the jury “would look to all the evidence in the case to see whether or not the plaintiff has carried the burden, by a preponderance of the…