SCHOTT, Chief Judge.
After a trial by jury plaintiff, Marshall Jordan, obtained a $35,000 judgment against defendant, Don Hubbard for damages resulting from assault and battery. On appeal by defendant the principal issue is the quantum of damages. Other issues involve rulings by and conduct of the trial judge which defendant claims were erroneous and prejudicial, especially his denial of defendant's motion for a new trial based on discovery of a witness after trial...
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