PER CURIAM.
I.
In the instant case, James Allen Baylor appeals his conviction of malicious assault, a violation of W.Va.Code, 61-2-9 [1978]. A jury convicted Mr. Baylor of this offense based on evidence that Mr. Baylor had kicked Jason Trickett in the face and head.
The kicking occurred at the house of a neighbor of Mr. Baylor. Mr. Trickett and a friend had sneaked into Mr. Baylor's neighbor's house for a secret, early-morning rendezvous with...
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