MIDDLETON, J.
Both the trial court and the Court of Appeals proceeded upon the theory that the only, or at least the controlling, issue raised by the pleadings was as to the existence of a conspiracy between Robert and Luetta, which conspiracy was designed to defraud the defendant. We can not agree with that view of the issues.
The defense urged was not the existence of a conspiracy but the perpetration of a fraud by Luetta in representing that she would testify...
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