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STATE v. FISCHER

No. 4-1085-A-271.

493 N.E.2d 1265 (1986)

STATE of Indiana, Appellant, (Plaintiff below), v. Robert FISCHER, Appellee, (Defendant below).

Court of Appeals of Indiana, Fourth District.

Rehearing Denied July 10, 1986.

Transfer Denied September 17, 1986.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Michael Gene Worden, Deputy Atty. Gen., Indianapolis, for appellant.

Susan K. Carpenter, Public Defender, M.E. Tuke, Deputy Public Defender, Indianapolis, for appellee.

YOUNG, Presiding Judge.

The State brings this appeal in a criminal case. Fischer was charged with incest and criminal deviate conduct. The charge of incest was dismissed. The criminal deviate conduct charge was tried to a jury resulting in acquittal. The state now claims the trial court erred by dismissing the charge of incest and by excluding evidence of Fischer's prior conviction of child molesting.

On the day of trial, Fischer moved to dismiss the incest...

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