Martin v. Johnson

This was an action of trespass, to recover damages for an assault and battery. To the declaration the defendant pleaded the general issue and son assault demesne. Plaintiff replied to the second plea, 1st, de injuria; 2d, new assignment. To the new assignment defendant pleaded not «guilty, and the issues were submitted to a jury. After the testimony had been introduced, and the jury were about to retire to consider of their verdict, plaintiff withdrew the new assignment, and defendant entered a motion to discharge the jury, on the ground that, in legal effect, the suit was dismissed by the…