LAVORATO, Justice.
A jury convicted Thomas A. Gordon of assault causing bodily injury, a serious misdemeanor. In his appeal Gordon challenges an instruction defining bodily injury to include any impairment of physical condition. The instruction goes on to say that a red mark or bruise on the skin is such an impairment and is therefore a bodily injury.
The instruction raises the following issue: Does a red mark or bruise constitute a per se impairment of physical...
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