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July 17. 2013 1:02PM

Deeply divided court upholds 2nd-degree assault conviction for blackeye

The majority in the 3-2 decision Tuesday ruled the punch to McKee's eye that caused it to be swollen shut for five days constituted a "protracted loss or impairment" rising to the level of serious bodily injury. The minority ruled the injury was not sufficient to justify the felony assault charge.

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