WARREN v. STATE

No. 49A05-9212-CR-440.

615 N.E.2d 500 (1993)

Robert WARREN, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana, Fifth District.

June 22, 1993.


Attorney(s) appearing for the Case

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

Pamela Carter, Atty. Gen., Louis E. Ransdell, Deputy Atty. Gen., Indianapolis, for appellee-plaintiff.


BARTEAU, Judge.

Does placing an unloaded weapon against another's stomach and waving the gun near the other create a substantial risk of bodily injury so as to constitute criminal recklessness? We hold that under the circumstances presented in this case, it does not.

Robert Warren was convicted, following a bench trial, of criminal recklessness, a Class D felony and of carrying a handgun without a license, a class A misdemeanor. The court sentenced him to...

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