Convict fights tooth and nail, loses on the tooth
A tooth is considered a “bodily member or organ” within the definition of the state’s aggravated battery statute, the Indiana Court of Appeals ruled March 7.Deciding a case of first impression in Derrick C. Smith v. State of Indiana, No. 45A03-0708-CR-357, the appellate court ruled that a Lake Superior judge properly determined that enough evidence existed to support Smith’s conviction under the state’s aggravated battery statute.Incarcerated at the Lake County Jail in August 2006, Smith and another inmate overpowered a jail…