PALMORE, Judge.
The appellant, Johnson, sued Hobart and Truman Tucker, brothers, for assault and battery. At the conclusion of the plaintiff's evidence the trial 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...
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