#### Edward Gilmore, appellee, v. Carl Winkler, appellant.

Action for personal injuries from assault and battery. Judgment for plaintiff. Appeal from the Circuit Court of Effingham eounty; the Hon. Thomas E. Eord, Judge, presiding. Heard in this court at the October term, 1921.

Reversed and remanded.

Opinion filed March 24, 1922.

Harry S. Parker, George H. Bauer, Edward C. Craig, Donald B. Craig and Fred H. Kelly, for appellant. Jacob Zimmerman and Byron Piper, for appellee.

Mr. Justice Boggs

delivered the opinion of the court.