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BAILEY v. STATE

No. 49S02-1204-CR-234.

979 N.E.2d 133 (2012)

Elmer J. BAILEY, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

November 5, 2012.

Attorney(s) appearing for the Case

Bernice A.N. Corley , Ruth A. Johnson , Indianapolis, IN, Attorneys for Appellant.

Gregory F. Zoeller , Attorney General of Indiana, Joseph Y. Ho , James B. Martin , Ellen H. Meilaender , Deputy Attorneys General, Indianapolis, IN, Attorneys for Appellee.

On Petition to Transfer from the Indiana Court of Appeals, No. 49A02-1106-CR-487

MASSA, Justice.

When a husband shoves his wife and pokes her in the forehead repeatedly, causing her pain, is that pain alone sufficient evidence to prove the "bodily injury" element of the husband's conviction for domestic battery? One panel of the Indiana Court of Appeals thought not, but we disagree.

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