BUSSEY, Judge:
Appellee, Gary M. Lee, was brought to trial in the District Court of Kingfisher County, Case No. CRM-87-55, on charges of Assault and Battery. His demurrer to the evidence was sustained at the close of the State's case in chief. From dismissal of the case, the State appeals on a reserved question of law.
As his basis for sustaining appellee's demurrer, the trial judge stated:
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