EMERSON v. STATE

No. 49S00-8707-CR-709.

524 N.E.2d 314 (1988)

John W. EMERSON, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

June 15, 1988.


Attorney(s) appearing for the Case

William F. Thoms, Jr., Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Donald B. Kite, Sr., Deputy Atty. Gen., Indianapolis, for appellee.


GIVAN, Justice.

A jury trial resulted in a conviction of appellant of Battery, a Class C felony, for which he received a sentence of five (5) years enhanced by thirty (30) years by reason of his habitual offender status, and Battery, a Class B misdemeanor, for which he received a sentence of six months, the sentences to run concurrently.

The facts are: On July 25, 1986, Robert W. Brown was sitting on a bench in Douglas Park, in Indianapolis, playing cards...

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