Cory Lowden v. State of Indiana

VAIDIK, Chief Judge.

Case Summary

[1] The State charged Cory Lowden with aggravated battery after he punched another man, breaking the man’s jaw so severely that surgery was required to repair it. At trial, Lowden tendered a jury instruction that applied the mens rea to every element of aggravated battery, including the severity of the resulting injury. According to Lowden’s instruction, the State would have to prove that, when he punched his victim in the face, Lowden acted with knowledge that one punch would result in protracted loss or impairment of the function of a bodily member or organ.…