PER CURIAM:
The defendant was convicted of unlawful assault in the Circuit Court of Cabell County and was sentenced to a term of one to five years in the penitentiary under W.Va.Code, 61-2-9.
The principal assignment of error upon which we direct our attention is that the trial court erred in giving an instruction which impermissibly shifted the burden of proof on a material element of the crime to the defendant. More specifically, defendant contends...
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