Smith v. State

YOUNG, Presiding Judge.

Desmond L. Smith was convicted of battery, a Class A misdemeanor. On appeal, he argues:

1. The evidence was insufficient to support conviction; and

2. His due process rights were violated in that he was convicted of battering his child despite the parental authority afforded by IND.CODE 85-41-8-1. We affirm.

In reviewing a claim of insufficient evidence, we may neither reweigh the evidence nor assess the credibility of witnesses. We will examine only the evidence favoring the judgment, together with the reasonable inferences therefrom. If substantial evidence of probative…