FORD-EL v. STATE

No. 71A03-8809-CR-284.

533 N.E.2d 157 (1989)

Kerry L. FORD-EL, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

January 19, 1989.


Attorney(s) appearing for the Case

Charles W. Lahey, South Bend, for defendant-appellant.

Linley E. Pearson, Atty. Gen., Louis E. Ransdell, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.


GARRARD, Presiding Judge.

Kerry L. Ford-El was tried by jury and was convicted of battery, a Class C felony, over his plea of self defense. We reverse.

At trial and over defendant's objection the court gave an instruction on self defense that told the jury they must find the defendant was not acting in self defense unless defendant showed that "[h]e acted in reasonable fear or apprehension of death or great bodily harm."

As defendant points out, that...

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