Rose v. State

SHIELDS, Judge.

Russell F. Rose (Rose) appeals his conviction of Battery, Class C Felony (I.C. 35-42-2-1, Repl.1979), alleging the trial court erred:

1) in failing to give the jury certain tendered instructions on the issue of mistake of fact;

2) by improperly limiting cross-examination of a state’s witness; and

3) in imposing a manifestly unreasonable sentence.

We remand for further proceedings involving Rose’s sentence and in all other respects we affirm the judgment.

The facts most favorable to the state are:

On May 9, 1980, Steven Williams (Williams) drove into the service station owned and…