Johnson v. State

ON PETITION TO TRANSFER

PIVARNIK, Justice.

This cause comes to us on a petition to transfer filed by the State of Indiana from the Third District Court of Appeals.

Defendant-appellant Larry G. Johnson was found guilty by a jury of battery, a Class C felony. Johnson was committed to the Department of Corrections for a period of five years by the trial court. The Court of Appeals reversed the judgment of the trial court, finding that the trial court erred in refusing to give instructions tendered by *244Johnson. Johnson v. State, (1981) Ind.App., 426 N.E.2d 91, rehearing denied, 428 N.E.2d 248…