Kall v. State

Miller, Judge.

The State accused Richard Kail of (1) simple battery by causing physical harm and (2) simple battery by “contact of an insulting and provoking nature.” After the close of evidence in the jury trial, the trial court allowed the State to amend the accusation by changing “and” to “or,” so that Kail was accused of simple battery by “contact of an insulting or provoking nature.” The jury found Kail not guilty of simple battery by causing physical harm, but returned a verdict of guilty on the count of simple battery by contact of an insulting or provoking nature. On appeal, Kail…