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.