Piggly-Wiggly Alabama Co. v. Rickles

Appellee declared in three counts: (1) For an assault and battery; (2) for false imprisonment; and (3) malicious prosecution. Defendant, appellant, had the general charge as to count 2, and the cause was submitted to tbe jury on counts 1 and 3.

In the first place it is insisted that defendant was entitled to the general affirmative instruction which was requested in separate charges upon the case as a whole, and upon each of counts 1 and 3. The corresponding assignments of error are grouped together in appellant’s brief, but the supporting argument is addressed to the case as made by the court…