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JOHNSON v. COM.

No. 94-CA-001799-MR.

926 S.W.2d 463 (1996)

Carlos Elzy JOHNSON, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court August 21, 1996.

Attorney(s) appearing for the Case

C. McGehee Isaacs, Covington, for appellant.

Chris Gorman, Attorney General, E.M. Lowery, Assistant Attorney General, Frankfort, for appellee.

Before LESTER, C.J., and DYCHE and EMBERTON, JJ.

EMBERTON, Judge.

The appellant, Carlos Elzy Johnson, was convicted of first-degree assault and sentenced to ten years in the penitentiary after allegedly beating, squeezing and dropping his two-month-old son causing him serious injury. On appeal, Johnson alleges: (1) that his hand is not a dangerous instrument as defined under Ky.Rev.Stat. (KRS) 500.080(3); (2) that the evidence was insufficient to show that the child suffered "serious physical injury" as defined...

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