State v. Gordon

Thomas Gordon (defendant) kicked Jeremiah Fry in the chest, leaving a red mark that both witnesses and a police officer observed. The State of Iowa (plaintiff) charged Gordon with battery causing bodily injury, and over Gordon's objection, the trial court instructed the jury that a red mark or bruise on the skin automatically qualifies as an impairment of physical condition. The jury convicted Gordon, who appealed, arguing Fry never testified and nothing in the record showed actual pain or illness.