Hamilton v. Howard

Opinion of the Court by

Judge Clay

Reversing.

In this action for assault and ¡battery by Lorenzo Hamilton against Clarence Howard the jury found for Howard, and Hamilton appeals.

The petition aptly charges that on December 17, 1927, the defendant wrongfully, intentionally, maliciously, and willfully shot and wounded plaintiff with a pistol, and thereby inflicted on him serious and permanent injury by reason of which he has been damaged in the sum of $10,000. Howard answered in two paragraphs. In the first paragraph he denied certain allegations of the petition. The second paragraph is as follows:

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