HENDRY, Judge.
The appellant was defendant below in a personal injury action brought by appellee Earl Alonzo Finley. In the early morning hours, at the lounge of the Sir John Hotel, Johnnie Will Ware shot Finley with a .38 calibre revolver, after the two men had an altercation, and the shooting resulted in Finley's permanent paralysis. Finley's cause of action in the trial court as against the appellant proceeded on two separate theories: the first of these was that...
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