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HENSON v. STATE

No. 77S04-0210-CR-529.

786 N.E.2d 274 (2003)

Eddie W. HENSON, Jr., Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

April 14, 2003.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender of Indiana, Indianapolis, IN, Gregory L. Lewis, Deputy Public Defender, Indianapolis, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Jodi Kathryn Stein, Deputy Attorney General, Indianapolis, IN, Attorney for Appellee.

ON PETITION FOR TRANSFER

SULLIVAN, Justice.

Defendant Eddie Henson, Jr., was convicted of battery by body waste, for throwing a container full of feces and urine at a correctional officer while he was incarcerated at the Wabash Valley Correctional Facility. He appeals the conviction, arguing that he is entitled to a new trial because the judge refused to instruct the jury that it could find Defendant acted...

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