Markley v. State

SHIELDS, Judge.

Appellant Kevin Markley appeals his conviction of the offense of Battery, Class C felony. IC 35-42-2-1 (Burns Code Ed., Supp.1980).

We affirm.

Markley first alleges the trial court erred by refusing to give a portion of his tendered final instruction No. 1 to the jury. The instruction in its entirety was submitted to the trial court for consideration; the instruction as a whole was refused. Thus, the trial court could err only if it did so in refusing the instruction as a whole as it was tendered by Markley. However, Markley does not now argue, nor did he argue in his motion to…