Davis v. State

SHEPARD, Chief Justice.

Appellant Donald Davis assaulted his former girlfriend, and the court found him guilty of criminal recklessness involving serious bodily injury, a class D felony. The question on appeal is whether a lacerated lip and a broken pinky finger constitute serious bodily injury. We hold they do not.

After K.R. and Davis had broken up, he appeared at her home asking to use the bathroom, and she agreed. While Davis was still in the house, one Roy Bush telephoned to ask KR. to return his jacket. This communication angered Davis, who figured Bush to be the replacement boyfriend.…