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ELLIOTT v. STATE

No. 30A01-9005-CR-223.

560 N.E.2d 1266 (1990)

Earl S. ELLIOTT, III, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

October 18, 1990.

Attorney(s) appearing for the Case

Donald E. Snow, Greenfield, for defendant-appellant.

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

BAKER, Judge.

This appeal comes before us following defendant-appellant Earl Elliott's conviction for criminal recklessness with a deadly weapon, a Class D felony.1 The dispositive issue for our review is whether, as a matter of law, Elliott's conduct created a "substantial risk of bodily injury" as that phrase is used in IND. CODE 35-42-2-2. We hold that it did not, and therefore reverse.

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