Ewing v. State

Deen, Presiding Judge.

Dot Ewing appeals from her conviction of aggravated battery, contending that it was error to deny her motion for a directed verdict of acquittal because the state failed to prove all the material allegations in the indictment; that the evidence was insufficient to support the guilty verdict; and that certain photographs of the victim should not have been admitted into evidence.

The evidence showed that Ewing was in the yard of Leon Prater. She had stopped by to ask him to return a jacket which belonged to her when the thirteen-year-old victim walked into the yard. When…