Chambers v. Cagle

The Court of Appeals held that a defendant is entitled to the general charge when the complaint charged that the defendant assaulted and beat plaintiff, and the proof showed that one Stone committed the assault and battery at the instigation of the defendant but not in defendant’s presence. The opinion states:

“It is our conclusion that under the complaint in this case charging a direct assault by the defendant, and under the general principles of pleading and proof referred to above, and the persuasive doctrine enunciated in the Massachusetts and Delaware cases, supra, the lower court erred…