FENIX v. STATE

No. 3-182A6.

438 N.E.2d 1005 (1982)

Danny Junior FENIX, Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

August 11, 1982.


Attorney(s) appearing for the Case

Max E. Reed, Reed & Earhart, Warsaw, for defendant-appellant.

Linley E. Pearson, Atty. Gen., James W. Turpen, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.


GARRARD, Judge.

The appellant, Fenix, was charged with rape, deviate conduct and child molesting. A jury found him not guilty of the first two charges but guilty of the third. On appeal he asserts the evidence was insufficient in view of his special defense which claimed his reasonable belief that the victim was sixteen (16) years of age or older.

The statute proscribing the offense of child molesting, IC 35-42-4-3, provides:

"(e) It is a defense...

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