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SCOTT v. STATE

No. 2-383A92.

461 N.E.2d 141 (1984)

Calvin Jearle SCOTT, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Second District.

Rehearing Denied May 23, 1984.

Transfer Denied August 7, 1984.

Attorney(s) appearing for the Case

Sheila Suess Kennedy, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Kathleen Ransom Radford, Deputy Atty. Gen., Indianapolis, for appellee.

SHIELDS, Judge.

Defendant-appellant, Calvin Jearle Scott (Scott), appeals his jury conviction of rape1 alleging the trial court erred in its denial of his motion to dismiss and its rejection of his tendered instructions, and claiming insufficiency of the evidence.2

We reverse.

The facts most favorable to the State reveal that on September 19, 1974, S.G.W. was hitchhiking along an Indianapolis...

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