OPINION
BEVILACQUA, Chief Justice.
This is a civil action for assault brought by the plaintiff to recover for injuries allegedly sustained as a result of the defendant's attack. The case was tried before a justice of the Superior Court and a jury. After a verdict was returned for the defendant, the plaintiff filed a motion for a new trial, which was granted. The defendant appeals, and the plaintiff cross-appeals on the ground that the defendant's plea of...
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