Wheeler v. State (Unpublished Memo): The evidence showed that a cracked-up Wheeler delivered a horrible beating to his pregnant wife. Wheeler appealed on the grounds that, while there was evidence of assault, there was insufficient evidence of an assault in the manner alleged in the indictment. Wheeler even took the position that, since the beating took place in an isolated area, a.) his wife was the only one who could say whether the beating was administered in the manner alleged, and b.) his wife’s criminal history makes her less-than-credible.
The Tyler court found the language of the indictment broad enough to cover the evidence used to convict. Likewise, the Tyler court rejects the attack on the wife’s credibility. That was a fact question for the trial court that that Tyler court will not disturb. Life sentence.
I couldn’t give this one a catchy title. The facts are too disturbing.
