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This is an appeal by stated case taken by Lewis Gray in relation to a conviction of two assaults in the District Court at Kirkcaldy, the decision having taken place on 14 August 1997.
An additional ground of appeal was allowed late but Mr Wheatley today, in the light of a report from the appellant's solicitor, indicated that he was not insisting with that additional ground.
So far as the two assaults are concerned, the appeal proceeds on the basis that there was not appropriate evidence to justify conviction. The first of the alleged assaults occurred on 4 January, being an assault on a boy, Ricky Bell, by punching on the face. The second charge related to an assault on 11 February, the complainer being a boy named Derek Kelly and the charge being one of repeatedly punching and kicking him on the head to his injury.
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