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The Indiana Court of Appeals ruled that a defendant who was involved in a melee with police can be found guilty of battery by body waste as well as resisting arrest. The appeals court determined that these two charges do not constitute double jeopardy. The case involves Constance Newman, an HIV-positive prostitute who resisted arrest. Newman became hysterical, her face was covered with saliva and tears, her nose was running, and she was spitting in the direction of the officers. Newman was sentenced to three years in prison for prostitution and three years for battery by body waste. Newman appealed and argued that being convicted for resisting arrest and battery by body fluid amounted to double jeopardy.
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