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STATE v. ANDERSON

No. 3-785 A 167.

484 N.E.2d 640 (1985)

STATE of Indiana, Appellant (Plaintiff below), v. Joseph Larry ANDERSON, Appellee (Defendant below).

Court of Appeals of Indiana, Third District.

November 7, 1985.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Michael Gene Worden, Deputy Atty. Gen., Indianapolis, for appellant (plaintiff below).

E. Kent Moore, Cooke, Bache, Moore, Laszynski & Yeager, Lafayette, for appellee (defendant below).

HOFFMAN, Judge.

The State of Indiana by its Attorney General (State) appeals the dismissal of a six-count information charging Joseph Larry Anderson (Anderson) with incest. The State premises its appeal on IND. CODE § 35-38-4-2(1).

The facts relevant to this appeal disclose that on January 31, 1985, Anderson was charged with incest after allegedly having had sexual intercourse with his niece. Anderson moved to dismiss the charges because the alleged victim...

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