Walker (P) was an eight-year-old who scared Kelly (D) a five-year-old by threatening to run her over with his bike. P never did run her over but came close to D to scare her. D then was encouraged by a twelve-year-old to throw a rock at P subsequent to an incident. D threw the rock and struck P on the forehead causing a laceration that required medical treatment. During trial, the court concluded from conflicting testimony that D did not intend to strike P with the rock. P appealed.

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