Leave to appeal granted by Supreme Court October 6, 1965.
T.G. KAVANAGH, J.
On September 26, 1958, Fred Piper, the proprietor of Piper's Tavern, was tending bar when a man entered, ordered a beer, and stationed himself near the rear exit. He brandished a sawed-off shotgun and announced a holdup. Piper reached for a gun and the robber shot him. The robber then dropped his gun and fled.
Subsequently Fred Piper identified Mark Brock as the holdup man...
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