Reference no: EM133420301
John Roberts has had a long and contentious relationship with his mother-in-law, Lucille. John and his wife, Mary-Anne, go to visit Lucille in the hospital during an extended illness.
John and Mary-Anne enter Lucille's hospital room while Lucille is sleeping and take seats near the bed. After about fifteen minutes, Lucille regains consciousness and her eyes immediately lock on her son-in-law, John.
Lucille states, "I've never liked you for being the low-down, dirty dog that you are, John. You drink too much, you do not treat my daughter right, and if she'd had any sense, she would have married her second boyfriend Johnny that owns the Auto dealership over in Georgette
County. You are a waste of a human being and I wish we'd never met you."
John's face turns red and he begins to breath heavily. Flustered, John stands and yells, "You old woman! You never wanted our marriage to work out and if anyone drives me to drink, its you!"
Without thinking, John reaches into his pants pocket and find a quarter. He throws the quarter at Lucille; the quarter hits the bed cover over Lucille, bounces off and rolls down onto the floor. John storms out of the room.
Lucille turns to her daughter and says, "Be a good girl and hand momma that phone jacked into the wall." When Mary-Anne asks why, Lucille states, "Because I want to call the police and my lawyer."
John is charged with battery.
Is battery a proper charge? Why or why not?
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