In Re: C. A.


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Docket Number: 2003-CA-00060-COA

Court of Appeals: Opinion Link
Opinion Date: 05-04-2004
Opinion Author: Bridges, P.J.
Holding: Reversed and Rendered

Additional Case Information: Topic: Delinquency - Proof of bodily injury - Section 97-3-7
Judge(s) Concurring: King, C.J., Southwick, P.J., Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ.
Procedural History: Bench Trial
Nature of the Case: CIVIL - JUVENILE JUSTICE

Trial Court: Date of Trial Judgment: 12-17-2002
Appealed from: Jones County Youth Court
Judge: Gaylon Harper
Disposition: MINOR CHILD ADJUDICATED A DELINQUENT.
Case Number: 4291-2


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Topic: Delinquency - Proof of bodily injury - Section 97-3-7

Summary of the Facts: C.A., a fourteen-year-old child, was tried and adjudicated a delinquent for knowingly, and unlawfully causing bodily injury to another minor by touching him in his private area. C.A. appeals.

Summary of Opinion Analysis: C.A. argues that the State failed to prove beyond a reasonable doubt each element of the crime, because no evidence was adduced that the victim suffered any bodily injury. Section 97-3-7 provides that a person is guilty of simple assault if he attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or negligently causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or attempts by physical menace to put another in fear of imminent serious bodily harm. The form of the statute offers the State alternative paths to arrive at the same result, but it must inform the defendant of the path it chooses in the language of the indictment. The petition in this case stated that C.A. "did purposely, knowingly, and unlawfully cause bodily injury" to the victim and never spoke to the issue of attempting. The record is devoid of any questions or answers regarding injury. Therefore, the case is reversed and rendered.


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