OPINION
BONEY, Chief Justice.
The defendant, Kinsman, appeals from an order of the superior court dismissing his appeal from a district court judgment of conviction.
On June 24, 1970, Kinsman was convicted in district court of assault and battery. He filed a timely Notice of Appeal and Statement of Points. Points No. 2, 3, 4, and 5 of which were stated as follows:
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