MARKLEY v. STATE

No. 2-1180A386.

421 N.E.2d 20 (1981)

Kevin MARKLEY, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Second District.

May 28, 1981.


Attorney(s) appearing for the Case

Boonstra, Chovanec & Truitt by Michael W. Lautzenheiser, Markle, for appellant.

Linley E. Pearson, Atty. Gen., Frank A. Baldwin, Deputy Atty. Gen., Indianapolis, for appellee.


SHIELDS, Judge.

Appellant Kevin Markley appeals his conviction of the offense of Battery, Class C felony. IC 35-42-2-1 (Burns Code Ed., Supp. 1980).

We affirm.

Markley first alleges the trial court erred by refusing to give a portion of his tendered final instruction No. 1 to the jury. The instruction in its entirety was submitted to the trial court for consideration; the instruction as a whole was refused. Thus, the trial court could err only...

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