HARRIS v. STATE

No. 274, 2008.

965 A.2d 691 (2009)

Jaray HARRIS, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: January 23, 2009.


Attorney(s) appearing for the Case

Kevin M. Howard, Esquire, Young, Malmberg & Howard, P.A., Dover, Delaware, for Appellant.

John Williams, Esquire, Department of Justice, Dover, Delaware, for Appellee.

Before STEELE, Chief Justice, HOLLAND, and BERGER, Justices.


BERGER, Justice.

In this appeal we consider, among other issues, what it means to suffer a "physical injury," as an element of the crime of second degree assault. Appellant elbowed a police officer in the forehead, causing a red mark. The officer also suffered some scratches on his knee during a scuffle with appellant. We hold that these de minimus "injuries" do not constitute an impairment of physical condition because they did not reduce the officer's ability...

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