DUNCAN, Justice.
The appellant, James Palmer, a police officer of the city of Ravenna was indicted for maliciously striking and wounding another with intent to kill, an offense denounced by KRS 435.170(2). Upon his trial he was convicted of the common law offense of assault and battery and his punishment fixed at a fine of $1,000. Reversal is sought on two grounds: (1) insufficient evidence to sustain the conviction; (2) erroneous instructions.
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