Holbrook v. Commonwealth

OPINION

HUDDLESTON, Judge.

Anita Holbrook, a fourth grade teacher, was convicted in Carter District Court of fourth-degree assault 1 on one of her students. The conviction resulted from the paddling of the student for failure to complete an in-class assignment. Holbrook appealed to Carter Circuit Court which affirmed her conviction. We granted discretionary review to determine whether the district court erred when it failed to grant Holbrook’s motion for a directed verdict.

A directed verdict of acquittal should be granted when, viewing the evidence in the light most favorable to the…