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definition of battery is something that is different than
what you might think, but the Judge tells you what the
elements are, will you follow the dictates of the Judge?
In other words, will you follow the law?
 
MR. X:
Right, yes.
MR. DENIS DE VLAMING:
And if you are told
that one of those elements that it was against the will
of somebody, can you hold the State to the burden of
proving that the person did not want to be touched?
 
MR. X:
I don’t understand the
question.
 
MR. DENIS DE VLAMING:
Let me ask you
this, did you ever play basketball?
 
MR. X:
Yes.
MR. DENIS DE VLAMING:
Did you ever watch
NBA basketball?
 
MR. X:
Yes.
MR. DENIS DE VLAMING:
Someone is driving
towards the hoop, the only one to stop them is to stand
in front of them. It’s called a foul. Okay, he does it
f or the cause, right. He takes the foul. He is on his
fanny on the floor, right?
 
MR. X:
Correct.
MR. DENIS DE VLAMING:
Did he want to be
touched?

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