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State v. Gordon

560 N.W.2d 4 (1997)

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State v. Gordon

Iowa Supreme Court

560 N.W.2d 4 (1997)

Facts

Thomas Gordon (defendant) kicked Jeremiah Fry in the chest. According to witnesses, the kick left a red mark on Fry’s chest. A police officer interviewed Fry and also noted that Fry’s chest was red. The State of Iowa (plaintiff) charged Gordon with battery that caused a bodily injury. At trial, the prosecution requested a jury instruction that “marks” constitute a bodily injury. Gordon objected and requested that the jury instruction only give the general definition of bodily injury. The trial judge granted the prosecution’s request and instructed the jury that a bodily injury means a bodily or physical pain, illness, or any impairment of physical condition. The instruction also noted that a red mark or bruise on the skin would constitute an impairment of physical condition and, therefore, an injury. The jury convicted Gordon of battery causing a bodily injury. Gordon appealed.

Rule of Law

Issue

Holding and Reasoning (Lavorato, J.)

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