Burke v. State

NORTHCUTT, Judge.

One evening in May 2008, Tracy Burke became intoxicated and started a domestic altercation that resulted in charges that he committed misdemeanor battery of his wife and child abuse of his son. A jury convicted him of both crimes. Burke does not dispute his conviction for battery. But he contends that the evidence was insufficient to prove he committed the crime of child abuse. We agree.

In the State’s case at trial, Burke’s wife testified that on the evening in question her husband was intoxicated to the point that he could hardly walk. He became belligerent and verbally…