Insufficiency of the Evidence? Boot to the Head!

Brown v. State (Unpublished Memo): Thirteen year old steps into an argument between his mother and her boyfriend.  The boyfriend hits the young man in the head with a boot (it appears that the boot was wielded by hand).  The (now-ex) boyfriend is convicted of injury to a child.  He appeals on grounds that there’s insufficient evidence to support the conviction.

On the one hand, there’s: the testimony of the kid, the testimony of his mother, the testimony of an officer who saw the freshly-swollen knot on the kid’s head, and the fact that the boyfriend had boots on him.

On the other hand, the boyfriend says he didn’t do it.

Outcome: The Tyler court gives the boyfriend’s appeal a “Boot to the Head!” (my reference, not the court’s, to a late-80’s comedy bit by the Frantics.)  The album art depicts the application of the boot to the the boyfriend, not the kid. 

Hate to see kids having to grow up in a heartbeat.  Kudos to the kid for being the biggest man in the room.

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