WERNICK, Justice.
Defendant, Gervais, was indicted in May of 1971 charged with Commission of the crimes of kidnapping (17 M.R.S.A. § 2051) and assault and battery, high and aggravated in degree (17 M.R.S.A. § 201). A jury acquitted defendant of the kidnapping charge but found him guilty of assault, high and aggravated. Defendant was sentenced to a term of one and one-half to five years in State Prison and has appealed to this Court from the judgment of conviction...
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