Our client was charged with battery after striking the complaining witness in the face with a closed fist, causing the victim to receive 6 stitches to his face. After an effective cross-examination of the victim who testified and admitted to sending an e-mail that included threatening language and also admitting to asking our client to settle their differences by ‘stepping outside’ shortly before being stricken in the face by our client. After hearing all the evidence including testimony from the accused himself, the trial court Judge was unable to find that the State sustained their burden of proof and returned a finding of NOT GUILTY on the sole charge of misdemeanor battery.
