TOMLINSON, Justice.
This is the appeal in error of Jack Coffey from a conviction of (1) assault and battery upon Russell Mathes and (2) official oppression of Russell Mathes. Coffey was a Constable of Washington County at the time of the alleged offenses. The two cases were tried at the same time. Each conviction is based upon the same evidence. Coffey's first insistence on this appeal is that the evidence preponderates against the verdict in each case.
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