Henson v. State

ON PETITION FOR TRANSFER

SULLIVAN, Justice.

Defendant Eddie Henson, Jr., was con-vieted of battery by body waste, for throwing a container full of feces and urine at a correctional officer while he was incarcerated at the Wabash Valley Correctional Facility. He appeals the conviction, arguing that he is entitled to a new trial because the judge refused to instruct the jury that it could find Defendant acted in self-defense. We find that Defendant was not entitled to such an instruction both because he provoked the confrontation and there was no imminent threat of violence.

Background

The evidence…