Lyman v. State

Benham, Judge.

In this appeal from his conviction for simple battery, appellant contends that the evidence was not sufficient to support a conviction and that the trial court erred by giving the jury a harmfully misleading instruction in response to a question it asked. We disagree with the first contention, but agree with the second and, accordingly, reverse the conviction.

1. According to the testimony of the victim in this case, she was working behind the counter in a convenience store when appellant came in to buy gasoline. Apparently because of appellant’s dissatisfaction with the quality…