Bailey v. State
Annotate this CaseHusband was found guilty of domestic battery and sentenced to two years in prison for shoving Wife and poking her in the forehead repeatedly, causing her pain. The court of appeals reversed the conviction, holding (1) in order for Wife to have suffered "bodily injury" sufficient to justify Husband's conviction, her pain "must be sufficient to rise to a level of 'impairment of physical condition'"; and (2) Wife's testimony was insufficient evidence of this requirement. The Supreme Court granted transfer, thereby vacating the court of appeals, and affirmed the conviction, holding (1) Wife's testimony was sufficient to sustain Husband's conviction, as under Court precedent, any physical pain is enough to constitute bodily injury; and (2) Husband's two-year sentence was appropriate.
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