BINGAMAN, J.
On the 11th day of April, 1949, Eva Yochum, administratrix of the estate of William B. Yochum, deceased, brought an action against Clarence Jackson, a peace officer, and United States Fidelity & Guaranty Company, surety on the official bond of Clarence Jackson, to recover damages because of the alleged wrongful killing of deceased. The trial was to a jury resulting in a verdict in favor of plaintiff. Defendant Jackson alone appeals.
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