Court of Appeals of Indiana | Memorandum Decision 18A-CR-3148 | June 28, 2019 Page 1 of 7

MEMORANDUM DECISION

Pursuant to Ind. Appellate Rule 65(D), 

this Memorandum Decision shall not be 

regarded as precedent or cited before any 

court except for the purpose of establishing 

the defense of res judicata, collateral 

estoppel, or the law of the case.

ATTORNEY FOR APPELLANT

Thomas C. Allen

Fort Wayne, Indiana

ATTORNEYS FOR APPELLEE

Curtis T. Hill, Jr.

Attorney General of Indiana

Marjorie Lawyer-Smith

Deputy Attorney General

Indianapolis, Indiana

IN THE

COURT OF APPEALS OF INDIANA

George Harrison,

Appellant-Defendant,

v.

State of Indiana,

Appellee-Plaintiff

June 28, 2019

Court of Appeals Case No.

18A-CR-3148

Appeal from the Allen Superior 

Court

The Honorable John F. Surbeck, 

Jr., Judge

Trial Court Cause No.

02D04-1607-F3-45

Altice, Judge.
Court of Appeals of Indiana | Memorandum Decision 18A-CR-3148 | June 28, 2019 Page 2 of 7

Case Summary 

[1] George Harrison appeals his conviction for aggravated battery, a Level 3 felony, 

on the grounds that the State provided insufficient evidence to rebut his claim of 

self-defense. 

[2] We affirm

Facts & Procedural History 

[3] On July 16, 2016, Cody Robbins, a national guardsman who had grown up in 

the house behind Harrison’s, was back in his parents’ home celebrating his 

nephew’s birthday. At the party, Cody’s sister Lindsey mentioned that days 

earlier Cody’s one-year-old daughter had been playing near Harrison’s fence 

when he became enraged and yelled “get the white trash baby off [my] fence.” 

Transcript Vol. 2 at 131. Upon hearing this, Cody decided to talk with Harrison 

about the incident. Not wanting to intimidate Harrison by arriving in fatigues, 

Cody changed out of his guardsman uniform before riding his motorcycle 

around the block to Harrison’s house. 

[4] Harrison, a man in his late fifties who had ongoing health issues, was in his 

living room when his wife Carliss answered the door. Cody asked to speak 

with Harrison, who came to the door holding a kitchen knife. Cody 

maintained a calm demeanor and asked Harrison why he had called his 

daughter white trash. Harrison became agitated, shouting about a boy who 

used to live behind his house destroying his things and entering the woods on 
Court of Appeals of Indiana | Memorandum Decision 18A-CR-3148 | June 28, 2019 Page 3 of 7

his property. Cody informed Harrison that he was in fact that little boy and 

that he had never destroyed any of the Harrison’s belongings. Harrison 

continued shouting at Cody, accusing him of damaging the fence and throwing 

things into the yard when he was a boy. Cody again asked why Harrison 

would call his daughter white trash, but Harrison ignored him. The argument 

escalated when Harrison shoved Cody, who then shoved Harrison back. 

Witnessing the altercation, Carliss informed the men that she was calling the 

police. 

[5] Cody walked back to his motorcycle that was parked in front of Harrison’s 

house. While sitting on his motorcycle waiting for the police, Cody saw 

Lindsey walking through a neighbor’s yard toward him. Lindsey had heard the 

shouting from her parents’ house and came to see if everything was alright. 

Harrison saw Lindsey and approached her while reaching into his pocket. 

Cody got off his motorcycle and began yelling over the bike’s engine noise, 

telling Harrison not to touch his sister. Visibly upset and angry, Harrison 

turned and walked into the street toward Cody. Standing face to face and 

within inches of each other, Cody warned Harrison to step back. In response, 

Harrison produced a knife from his pocket and stabbed Cody once in the chest. 

Cody shoved Harrison and then fell to his knees. After seeing blood pour from 

his chest, Cody ran down the street, pursued by the knife wielding Harrison. 

Carliss and some neighbors managed to calm Harrison down and get him back 
Court of Appeals of Indiana | Memorandum Decision 18A-CR-3148 | June 28, 2019 Page 4 of 7

inside his house. Cody continued down the block and informed a neighbor that 

Harrison had stabbed him. Cody then collapsed on a patch of grass near the 

road. Lindsey, who ran back to her parents’ home after witnessing the stabbing, 

arrived in a car with Cody’s wife and found Cody, who was pale, bloodied, and 

unresponsive. The women drove down the street and encountered a fire truck, 

which they hailed. 

[6] After the police had cordoned off Harrison’s house, Clariss approached the 

home of Bruce and Selener Walker and asked if she could use their bathroom. 

Selener noticed that Clariss was carrying a rolled up towel with the butt of a 

knife visible in the center. When Clariss returned from the Walkers’s 

bathroom, the towel was draped around her shoulder and the knife was gone. 

The Walkers informed the police, but the knife was never found. When police 

spoke to Harrison he admitted without prompting that he “stabbed the 

motherf*cker.” Transcript. Vol. 1 at 226, 233. 

[7] Cody’s left lung and heart were punctured, requiring open heart and lung 

surgery. He was forced to take a medical retirement from the National Guard. 

At the time of the trial, he had only 65% lung capacity and suffered heart 

flutters. 

[8] Harrison was charged with Count I, aggravated battery, a Level 3 felony, Count 

II, battery, a Level 5 felony, and Count III, criminal recklessness, a Level 6 

felony. After a jury trial, Harrison was found guilty on all counts. The trial 
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court entered conviction on Count I and sentenced Harrison to the Indiana 

Department of Correction for nine years, with four years suspended to 

probation.

Discussion & Decision

[9] On appeal, Harrison argues that there was insufficient evidence to conclude that 

he was guilty beyond a reasonable doubt. Specifically, Harrison asserts the 

State failed to negate his claim of self-defense. 

[10] In reviewing sufficiency of the evidence claims, we will not reweigh the 

evidence or assess the credibility of the witnesses. Richardson v. State, 856 

N.E.2d 1222, 1227 (Ind. Ct. App. 2006), trans. denied. We consider only the 

evidence most favorable to the judgment together with all reasonable and 

logical inferences to be drawn therefrom. Id. We will affirm unless no 

reasonable fact-finder could find the elements of the crime proven beyond a 

reasonable doubt. Montgomery v. State, 22 N.E.3d 768, 779 (Ind. Ct. App. 

2014), trans. denied. “In essence, we assess only whether the verdict could be 

reached based on reasonable inferences that may be drawn from the evidence 

presented.” Baker v. State, 968 N.E.2d 227, 229 (Ind. 2012) (emphasis in 

original). 

[11] “A valid claim of self-defense is a legal justification for an otherwise criminal 

act.” Henson v. State, 786 N.E.2d 274, 277 (2003). In order for a defendant to 
Court of Appeals of Indiana | Memorandum Decision 18A-CR-3148 | June 28, 2019 Page 6 of 7

prevail on a claim of self-defense, he must show that (1) he acted without fault, 

(2) was somewhere he had a right to be, and (3) was in reasonable fear or 

apprehension of bodily harm. Id. A self-defense claim may be rebutted where 

it is shown that the defendant was the initial aggressor. Kimbrough v. State, 911 

N.E.2d 621, 636 (Ind. Ct. App. 2009). “If a defendant is convicted despite his 

or her claim of self-defense, we will reverse only if no reasonable person could 

say that self-defense was negated by the State beyond a reasonable doubt.” 

Weedman v. State, 21 N.E.3d 873, 892 (Ind. Ct. App. 2014), trans. denied. 

[12] To support his argument, Harrison relies exclusively on his own self-serving 

testimony at trial. Harrison claimed that Cody poked him in the head multiple 

times during their interaction at his front door. He further testified that Cody 

returned from waiting on his motorcycle and walked back onto his property. 

Here, according to Harrison, Cody then charged and swung at him three times, 

making contact once before proceeding to choke him. Harrison stated that 

before he stabbed Cody, he saw Cody draw an 18-inch knife, making him feel 

threatened. Thus, Harrison argues that his actions satisfied the standard needed 

to prevail on a claim of self-defense, and that there was insufficient evidence to 

rebut his claim. We disagree. 

[13] Harrison’s testimony was contradicted by that of the victim, the victim’s sister, 

and neighbors who witnessed portions of the incident. The jury reached a 

verdict by weighing the conflicting evidence and assessing the credibility of the 
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witnesses. The jury was not obligated to give credence to Harrison’s testimony. 

As such, we will not accept Harrison’s invitation to reweigh the evidence here. 

[14] Judgment affirmed.

Kirsch, J. and Vaidik, C.J., concur.