Moreover, the evidence of life-threatening conduct in this case is distinguishable from the circumstances addressed in Tigue v. State, supra, where we held that immersion of the victim's hands in hot water causing third-degree burns was not life-threatening conduct. Likewise, Bolden v. State, 267 Ark. 504, 593 S.W.2d 156 (1980), is inapposite because the police officer in that case did not know what caused his injury (a broken jaw and ribs) and "[t]he physician who examined the officer shortly after the incident testified that he had not observed any contusion on the officer's head, and there was no physical evidence of a severe blow to the back of the head." Id.
This rule was designed to afford an arrestee protection against an unfounded invasion of liberty and privacy. See Bolden v. State, 262 Ark. 718, 561 S.W.2d 281 (1978), rev'd on other grounds, 267 Ark. 504, 593 S.W.2d 156 (1980). Rule 9 provides that a judicial officer shall set money bail only after he determines that no other conditions will ensure the appearance of a defendant in court.
To sustain a conviction for first degree battery, there must be a severe injury in connection with a wanton or purposeful culpable mental state. Bolden v. State, 267 Ark. 504, 593 S.W.2d 156 (1980). Ark. Stat. Ann. 41-115(19) (Repl.
The appellant next contends that the evidence was insufficient to sustain a conviction of battery in the first degree. He does not contest the sufficiency of the evidence with respect to the manslaughter conviction. His argument is that the conviction for manslaughter requires only a finding that he was guilty of "reckless" conduct, as 41-1504 provides, but that battery in the first degree requires an intent to inflict serious physical injury. He cites Bolden v. State, 267 Ark. 504, 593 S.W.2d 156 (1980); and Golden v. State, 265 Ark. 99, 576 S.W.2d 955 (1979). In both of those cases the state's argument was that the defendant had purposefully beaten another person.
Bolden was again convicted and on appeal we again reversed the conviction. Bolden v. State, 267 Ark. 504, 593 S.W.2d 156 (1980). This civil lawsuit was filed in October, 1976, five months after the incident.
"To sustain a conviction of first degree battery, `life-endangering conduct' must generally be involved." Bolden v. State, 267 Ark. 504, 505, 593 S.W.2d 156 (1980). That is a Class B felony.