Facts: Bridget Fisher bought a house in 1989 by herself. She married Barry Jewell, and he helped her fix the house. They lived together on and off and then married in 1990. Later, they got divorced and Jewell moved into his friend's apartment. When Jewell found out that Fisher was seeing another man, he told his friend that he wanted to beat her boyfriends head with a 2 by 4 and cut his dick off.
At 4:00 AM on June 13, 1991 Jewell broke into Fisher's house through the kitchen window after removing the screen. He walked to the bedroom where Fisher and her boyfriend Jones were sleeping. He struck Jones on the head with a 2 by 4 until he was unconscious and cut off his penis and fed it to the dog. Fisher awoke for the attack but thought it was a bad dream and went back to sleep.
Later, during the investigation Fisher described the intruder as the same size and build as Jewell and was wearing a dark ski mask similar to the one she bought him. Also, Fisher reported a missing knife in her kitchen. A bloody 2 by 4 was found on the scene but, the bed sheets that were covered in blood were instructed to be thrown out by a police officer. Jones' penis was never found.
Issue: Barry Jewell was convicted of burglary with a deadly weapon resulting in serious bodily injury, a class A felony. Also, Battery resulting in serious bodily injury, a class C felony.
Rule: The court used the case, Ellyson V. State, 603 N.E.2d 1369, 1373 (Ind. Ct. App.1992) In that case, Ellyson was charged with burglary because he broke into the house where him and his estranged wife lived with the intent to rape her. He was...