Stevens v. State
Indiana Court of Appeals
1Opinion of the Court
YOUNG, Presiding Judge.
Appellant-defendant Wayne Stevens appeals a conviction of Battery — Class C felony after a trial by jury. He argues that he should not have been convicted of Battery (by means of a deadly weapon) as a Class C felony because it is not a lesser included offense of Robbery Resulting in Bodily Injury — Class A felony as charged in the information filed against him. We agree.
*1299Stevens was charged by information1 in the following language:-
WAYNE STEVENS late of said Grant County and State of Indiana, ... did then and there, in violation of Burns Indiana Code I.C. 35-42-5-1, did…
Also in this document: Concurrence.
2Cases cited12 opinions
- Roddy v. StateIndiana Court of Appeals · 1979
- Ritchie v. StateIndiana Supreme Court · 1963
- McFarland v. StateIndiana Court of Appeals · 1979
- Cape v. StateIndiana Supreme Court · 1980
- Seymour National Bank v. StateIndiana Court of Appeals · 1979
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Garcia v. StateIndiana Court of Appeals · 1982
- McGill v. StateIndiana Court of Appeals · 1984
- Smith v. StateIndiana Supreme Court · 1983
- Garcia v. StateIndiana Court of Appeals · 1982
- Haynes v. StateCourt of Criminal Appeals of Texas · 2008
4 more not listed; retrieve them via the Exa API.