no serious physical injury found where the victim suffered a hairline fracture of the sinus cavity and a wound above the eye, even though physician testified that "it is conceivable that a potentially fatal injury might occur" from slamming a person's head into concrete
How later courts described this case
- no serious physical injury found where the victim suffered a hairline fracture of the sinus cavity and a wound above the eye, even though physician testified that "it is conceivable that a potentially fatal injury might occur" from slamming a person's head into concrete
Written by the judges who cited it.
The opinion
Because I believe that the evidence was sufficient to show that the victim sustained "serious physical injury," I must respectfully dissent.