Gentlemen of the jury, an assault and battery may be defined as any 
unlawful use of force or violence on the person of another or the wrongful 
violence or constraint inflicted on a human being without his consent.  The 
intent to injure is not an essential element of assault and battery.  If the 
act causing the injury is unlawful, the deliberate hitting or striking of a 
person is an unlawful act unless made in self defense. 
If the injury caused is wrongful, then the intent must necessarily be 
wrongful.  Every person is presumed to intend the consequences which follow 
the commission of an unlawful act.
    The burden of proof in this case rests upon the plaintiff to prove by the 
greater weight of the evidence that the defendant committed an assault and battery 
upon the plaintiff by hitting him on the face or on the head, and if you find 
that the defendant did so hit the plaintiff, then the plaintiff is entitled to 
recover from the defendant the damages which he has actually sustained by 
reason of such assault and battery.  
     The defendant claims that the plaintiff assaulted the defendant 
and used abusive and insulting language which provoked the acts on the 
part of the defendant.  
    It is the law in this state that mere words or acts, not amounting to an 
assault, however gross and abusive or insulting such language is, and even 
though spoken or performed for the purpose of provoking an assault, are no 
defense to a civil action for assault and battery.  If you find from the 
evidence in this case that the plaintiff is entitled to recover damages from 
the defendant, there is one other element of damages  in a case of this kind 
which you have a right to consider.  
    It is claimed by the plaintiff that this assault was wilfully and 
maliciously made.  If you find from the evidence that the assault was in 
fact wilfully and maliciously made, then you may find a further sum of 
damages in favor of the plaintiff, which the law calls exemplary or punitive 
damages.  The jury is not required to find exemplary or punitive damages in 
any case, but they may in their discretion do so if they find that the assault 
was maliciously made.   An intent,  an injury is regarded as malicious when 
it is done with malice in the mind of the person who does it with ill-will 
and wrongful feelings towards that person, that is, an intent or purpose 
to do that person any injury.  By exemplary damages is meant damages which 
are intended to serve as an example to other and to deter and prevent others 
from committing similar acts.