EMERSON v. STATE

No. 49S00-8707-CR-710.

539 N.E.2d 5 (1989)

Henry G. EMERSON, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

May 31, 1989.


Attorney(s) appearing for the Case

Belle T. Choate, Choate Visher & Haith Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., John D. Shuman, Deputy Atty. Gen., Indianapolis, for appellee.


GIVAN, Justice.

A jury trial resulted in the conviction of appellant of Battery, a Class C felony, for which he received five (5) years, enhanced by thirty (30) years by reason of his status as an habitual offender. He was also sentenced to Battery, a Class B misdemeanor, for which he received six (6) months, the sentences to run concurrently.

The facts are: At approximately 6:00 p.m. on July 25, 1986, Lynn Brown and his father Robert W. Brown were playing...

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