Joseph v. State

*813[10] I respectfully dissent from my colleagues' opinion finding that there is sufficient evidence to support Joseph's conviction for criminal recklessness. In order to support a conviction, the State is required to prove that a defendant not only committed an act (actus reus ) constituting the crime, but that the defendant intended (mens rea ) to do so. Metzler v. State , 540 N.E.2d 606 (Ind. 1989). It is also well settled that "a crime is not committed if the mind of the person doing the act is innocent, ...." Roark v. State , 234 Ind. 615, 130 N.E.2d 326 (1955). In addition, negligence is…