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SMITH v. STATE

No. 45A03-0708-CR-357.

881 N.E.2d 1040 (2008)

Derrick C. SMITH, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

March 7, 2008.

Attorney(s) appearing for the Case

Jeffrey Schlesinger, Indianapolis, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Arthur Thaddeus Perry, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

BAKER, Chief Judge.

A person commits aggravated battery by knowingly or intentionally inflicting injury on a person that causes protracted loss or impairment of the function of a bodily member or organ1 The case before us requires us to address as an issue of first impression whether a tooth is a "bodily member or organ" within the definition of this statute. Relying on caselaw...

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