In Barouh v. Haberman (1994) 26 Cal.App.4th 40, the jury found by a nine-to-three majority that the defendant did not commit battery. (Id. at p. 42). There was substantial conflict in the evidence as to whether the touching that occurred was a hard blow or a "'love tap'" between friends. (Id. at pp. 43-44). While the Court of Appeal found that substantial evidence supported the jury's verdict, it reversed the matter due to a jury instruction which defined a battery as "'any intentional, unlawful and harmful contact by one person with the person of another.'" (Id. at p. 44, fn. 1.) The court held that the term "'unlawful'" was misleading and resulted in a miscarriage of justice. (Id. at pp. 45-46.)