Johnson v. Tucker

PALMORE, Judge.

The appellant, Johnson, sued Hobart and Truman "Tucker, brothers, for assault and battery. At the conclusion of the plaintiff’s evidence the triál court sustained Hobart’s motion for a peremptory. At the close of all the evidence the jury returned a verdict in favor of Truman, the remaining defendant. Johnson appeals, claiming that the trial'court'erred first in letting Hobart out and then in submitting the case under instructions permitting the jury to find Truman not liable.

It was proved that the grand jury had indicted Hobart and Truman jointly for assault and battery and…