jury as to the law in the case. Id. Before a defendant is entitled to a reversal, he must affirmatively show that the erroneous instruction prejudiced his substantial rights. Id. As background, we note that an "included offense" is an offense that "differs from the offense charged only in the respect that a less serious harm or risk of harm to the same person, property, or public interest, or a lesser kind of culpability, is required to establish its commission." See Ind.Code § 35-41-1-16(3). The State charged Massey with Aggravated Battery as a Class B felony and Battery as a Class C felony. Although separately charged by the State, the Class C felony battery in this case was a lesser-included offense of aggravated battery. See Simmons v. State, 793 N.E.2d 321, 326 (Ind.Ct.App.2003) (<HOLDING>). While the State did not specifically charge
holding that the evidence is sufficient to sustain a conviction for aggravated battery when the bodily member that is lost or rendered useless in the battery is a tooth holding that under maryland common law an assault is an attempted battery an actual battery or a combination of the two holding that the defendant could be convicted of sexual battery a lesser crime not included in the offense for which he was indicted where the defendant requested that sexual battery be submitted to the jury holding that aggravated battery is a lesser included offense of manslaughter holding that battery is an inherently included offense of aggravated battery