Manes

Defendant Wiggins appeals from a judgment of the superior court, sitting without a jury, in favor of plaintiff Manes for damages in the sum of $1,520 and costs of suit.

Plaintiff in his complaint alleged defendant had committed an assault and battery upon him. The evidence discloses Wiggins, the owner and operator of a combination bowling alley, restaurant and tavern, became involved in an argument with Manes, a patron. The argument became heated—there was swearing on both sides. Manes testified he was shoved against a cash register, causing him injury. Wiggins admits: “I walked out and got him by the arm and by the shoulder and turned him around and told him to get out, because if he didn’t, I was going to deck him.” Wiggins denied striking, kicking or shaking Manes. A witness corroborated Manes’ story.

Wiggins’ first contention is that the trial court admitted into evidence a transcript of certain criminal proceedings before the Gridley Justice Court and a docket of such proceedings as proof of unlawful assault, thus committing prejudicial error.

We hold that the introduction of this record transcript was error and prejudicial under the circumstances of this case.

At the…