The defendant was convicted of battery under a statute that provides that a person commits a battery

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The defendant was convicted of battery under a statute that provides that “a person commits a battery who either intentionally or knowingly, and without legal justification, makes physical contact of an insulting or provoking nature with an individual.” The evidence disclosed that one morning the male defendant picked up a female friend whom he had invited to have breakfast with him. En route to the restaurant he unbuttoned her blouse and placed his hand on her breast; after she removed his hand and asked him to stop, he again placed his hand on her breast. On appeal, the defendant argues that his conviction should be reversed because his acts were not insulting, there was no struggle, and the female did not testify that she was traumatized or disturbed by his acts. Moreover, he points out that the evidence disclosed that after the incident the female complainant accompanied him to a restaurant where they had breakfast together. Should the appellate court reverse this conviction on the ground that the evidence is insufficient?

Why or why not?

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Criminal Law And Procedure

ISBN: 9780495095484

6th Edition

Authors: John M Scheb, John M Scheb II

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