HOLT, Justice.
Appellant was convicted by a jury of battery in the second degree in violation of Ark.Stat.Ann. § 41-1602(1)(d) (Criminal Code 1976). His punishment was assessed at three years in the Arkansas Department of Correction. The prosecution of appellant resulted from his driving a car, which left the road, entered a three foot deep roadside ditch and struck a thirteen year old boy who was playing in the ditch. The victim suffered a broken leg, fractured...
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