COMPTON, Justice.
Appellee, plaintiff below, brought this action for damages in which he charges that appellant unlawfully, wilfully, and maliciously assaulted him at "Phil's Bar" in Chama. Issue was joined; and, as a further defense, appellant asserted that he was a member of the New Mexico State Police; that the acts complained of were performed by him in the discharge of his official duties as a conservator of the peace, and that excessive force was not used while...
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