Elmer Bailey v. State of Indiana - 6/19/12

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Tuesday  June 19, 2012 
10:50 AM  EST

10:50 a.m. No. 49S02-1204-CR-234. Bailey poked his wife in the forehead with his index finger and shoved her as he entered their residence.  Following a bench trial in the Marion Superior Court, he was convicted of domestic battery as a Class D felony, Indiana Code 35-42-2-1.3.  The Court of Appeals concluded there was insufficient evidence of “bodily injury” as defined in Indiana Code 35-41-1-4.  The Class D felony conviction was reversed, and the case remanded with instructions for the trial court to enter a conviction for Class B misdemeanor battery, Indiana Code 35-42-2-1.
 

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