Daniel v. Giles

Plaintiff below brought this suit to recover damages for an assault and battery inflicted upon him by the defendant, Daniel. The trial resulted in a verdict and judgment against the defendant for $500,00. Daniel appealed, and has assigned errors. The Court properly' charged the jury that no words, or insults, or opprobrious epithets, would justify an assault. It is well settled, however, that any provocation calculated to heat the blood or arouse the passion of a reasonable man, if offered at the time of the assault, or so recently before as to become a part of the res gestae, is admissible…