dissenting:
I respectfully dissent to the majority opinion because I think the fact question involved was properly submitted to the jury by a learned and experienced trial judge. The trial judge showed his fairness and courage when he directed a verdict at the close of the evidence for three of the defendants and properly withheld this action from the jury to avoid any prejudice to the defendant, Larry Kilgore. The trial judge and the jury had heard the testimony of the witnesses, saw their demeanor and their actions on the stand, and had a much better opportunity to decide the fact issue than this court has. I think in this case it was a question of fact to be decided by the jury, and we should not substitute our judgment for that of the jury.
I would affirm the jury verdict and the judgment entered by the Circuit Court.