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Kall v. State

The state was allowed to amend the wording of the accusation from conjunctive to disjunctive since it did not change the state's burden of proof.

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The State accused Richard Kall of i simple battery by causing physical harm and ii simple battery by “contact of an insulting and provoking nature.” After the close of evidence in the jury trial, the trial court allowed the State to amend the accusation by changing “and” to “or,” so that Kall was accused of simple battery by “contact of an insulting or provoking nature.” The jury found Kall not guilty of simple battery by causing physical harm, but returned a verdict of guilty on the count of simple battery by contact of an insulting or provoking nature. On appeal, Kall argues that the trial court erred when it allowed the State to change the wording of the accusation after the close of evidence because it reduced the burden of proof. He also argues that the trial court erred when it refused to allow the defense to introduce into evidence a video recording of the inside of the house where the battery occurred. For the reasons set forth below, we disagree with Kall’s arguments and affirm.

Viewed favorably to support the verdict, the record shows that an officer went to Kall’s residence in response to a report of domestic violence. The officer found Kall’s wife to be upset and to have a visible injury to her right thumb. Kall had thrown a carpet sweeper at his wife.

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