POWERS, J.
This is an action of trespass for assault and battery. The case was tried before a justice of the superior court sitting with a jury and resulted in a verdict for the defendant. It is before us on the plaintiff's bill of exceptions. The only exception pressed is the sixth, namely, that a portion of the charge was prejudicial error in that it invaded the province of the jury.
By agreement of counsel the instant case was argued before us together...
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