TOLIVER v. STATE

No. 2-476A150.

355 N.E.2d 856 (1976)

James Earl TOLIVER, Appellant, v. STATE of Indiana, Appellee.

Court of Appeals of Indiana, Second District.

Rehearing Denied December 2, 1976.


Attorney(s) appearing for the Case

David W. Foley, Mullin, Foley & Gilroy, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Arthur Thaddeus Perry, Deputy Atty. Gen., Indianapolis, for appellee.


WHITE, Judge.

Convicted of assault with intent to commit statutory rape, appellant was sentenced to imprisonment for one (1) year. His appeal claims error: (1) In the court's giving its instruction on (a) reasonable doubt and (b) the jury's duty to reason together; (2) In refusing to give (a) appellant's instruction on degree of certainty and (b) his instruction on mistake as to victim's age. Finding merit in (1)(b) and (2)(a), we reverse.

I.

Appellant...

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