Burnett v. State

ON PETITION TO TRANSFER

PRENTICE, Judge.

Defendant (Appellant) was convicted of Battery, Ind.Code § 35-42-2-1 (Burns 1979) after trial by jury and sentenced to eight (8) years imprisonment. The Court of Appeals affirmed the conviction in an opinion published at 419 N.E.2d 172.

The cause is before us upon Defendant’s Petition to Transfer. For the reasons stated below, we grant Transfer, vacate the judgment and opinion of the Court of Appeals, and reverse the judgment of the trial court.

After the jury deliberated for almost six hours, the trial court gave an additional instruction 1 generally…