Vest v. State

PETITION TO TRANSFER

DeBRULER, Justice.

A jury tried and convicted appellant Clarence Vest, Jr. of battery, Ind.Code § 35-42-2-l(a)(1), a class A misdemeanor. Appellant was given a sentence of one year in jail and a fine of $100.00, plus court costs. In a memorandum decision, the Indiana Court of Appeals (Fourth District) affirmed the conviction and the sentence. Appellant now petitions our Court for transfer. Transfer is granted.

The gravamen of the charged offense was that Loretta, a child three years of age, was intentionally burned on the foot with a lighted cigarette, and that appellant,…