Ordered that the judgment is affirmed, with costs.
The plaintiff, Carlos Marrero, sustained personal injuries when he was shot by John Joyner while standing in front of the building where he resided. Joyner testified that on the afternoon in question, he pointed a rifle at people congregated by the building because they had been running around by an open cellar door and he feared that they might "fall down and get hurt". He cocked the rifle, pointed it at the crowd...
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