Legal Opinion

Stevens v. State

Indiana Court of Appeals

Decided July 13, 1981No. 2-280A41PublishedCited by 9 opinions

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

  1. Roddy v. StateIndiana Court of Appeals · 1979
  2. Ritchie v. StateIndiana Supreme Court · 1963
  3. McFarland v. StateIndiana Court of Appeals · 1979
  4. Cape v. StateIndiana Supreme Court · 1980
  5. Seymour National Bank v. StateIndiana Court of Appeals · 1979

7 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Garcia v. StateIndiana Court of Appeals · 1982
  2. McGill v. StateIndiana Court of Appeals · 1984
  3. Smith v. StateIndiana Supreme Court · 1983
  4. Garcia v. StateIndiana Court of Appeals · 1982
  5. Haynes v. StateCourt of Criminal Appeals of Texas · 2008

4 more not listed; retrieve them via the Exa API.

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