Released for Publication by the Court of Appeals November 28, 1979.
WRIGHT, Chief Judge.
This appeal to the Arkansas Supreme Court has been assigned to the Court of Appeals pursuant to Rule 29(3).
Appellant was convicted by a jury in Chicot County Circuit Court of battery in the first degree in violation of Ark.Stat.Ann. § 41-1601, and from the judgment brings this appeal asserting the following point for reversal.
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