PER CURIAM.
This is an appeal in a criminal action in which the defendant-appellant was charged by affidavit in one count, the offense of assault and battery tending to frighten a child under the age of twelve (12) years. The case was tried before a special judge without a jury, and the appellant was found guilty of the offense.
The appellant asserts error that the trial court erred in overruling appellant's motion for a new trial.
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