THOMAS v. STATE

No. 30A01-0008-CR-280.

749 N.E.2d 1231 (2001)

Franklin THOMAS, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

May 30, 2001.


Attorney(s) appearing for the Case

Christopher T. Smith, Greenfield, IN, Attorney for Appellant.

Karen Freeman-Wilson, Attorney General of Indiana, Robin Hodapp-Gillman, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.


OPINION

MATTINGLY-MAY, Judge.

Franklin Thomas appeals his conviction after a jury trial of battery by body waste, a Class D felony.1 He raises two issues on appeal: first, whether the trial court erred by admitting hearsay testimony of one deputy who testified that another deputy said Thomas spit on him, and second, whether the legislature intended Ind.Code § 35-42-2-6 to apply to situations where no communicable disease...

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