Harris v. State

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 mini-mus “injuries” do not constitute an impairment of physical condition because they did not reduce the officer’s ability to use the affected parts of his body. Accordingly, we reverse appellant’s second degree assault conviction. The nine remaining…