Morrow v. Flores

HALL, Justice.

Appellee Martin Flores sued appellant Will C. Morrow in a district court of Tar-rant County, Texas, alleging assault and battery as a cause of action for damages, to-wit:

“On or about June 2, 1945, the defendant wilfully and maliciously shot plaintiff.

“In the alternative plaintiff says that if the defendant at the time he shot plaintiff did not act with intentional malice toward plaintiff, that the defendant did shoot wil- ■ fully and maliciously and that if he did not intend to shoot plaintiff, that he did intend to unlawfully shoot someone and that on ■ said occasion the…