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Criminal Law Keyed to Weaver
State v. Gordon
Citation:
560 N.W.2d 4 (Iowa 1997)Facts
Gordon, Fry, and a few others were at Johnston’s home. Seemingly unprovoked Gordon stood up, spun around and kicked Fry in the chest as he said “Die pale-faced pumpkin head.” Two people saw the incident but neither could saw Gordon’s foot actually make contact. Later a police officer interviewed Fry and saw the heel imprint on his shirt as well as the reddening on Fry’s chest. The evidence at trial revolved around the reddening of Fry’s chest.
The trial judge gave the instructions to the jury that bodily injury is defined as the following: “a bodily or physical pain, illness, or any impairment of physical condition. A red mark or bruise on the skin would constitute an impairment of physical condition, and therefore an injury.”
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