The People, Plaintiff and Respondent v. Thomas Raymond Shockley, — Kennard, J., Concurring in Part and Dissenting…

Summary

Justice Kennard concurred in the judgment affirming the conviction but dissented from the conclusion that battery is not necessarily included in lewd conduct with a child. She reasoned that every lewd touching of a child is necessarily a harmful or offensive touching and therefore constitutes battery. She nevertheless concluded that no reasonable jury could have found Shockley guilty only of battery on the evidence presented.