VAIL v. STATE

No. 12A02-8710-CR-397.

536 N.E.2d 302 (1989)

James Franklin VAIL, Sr., Defendant-Appellant, v. STATE of Indiana, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

April 6, 1989.


Attorney(s) appearing for the Case

Richard L. Langston, Frankfort, for defendant-appellant.

Linley E. Pearson, Atty. Gen., Louis E. Ransdell, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.


GARRARD, Presiding Judge.

Vail was tried by jury and was convicted of child molesting, a Class C felony. IC 35-42-4-3(c). The evidence at trial disclosed that he had gotten the eight year old victim into bed with him and after removing her panties he ejaculated between her legs.

On appeal he presents four arguments. He first contends that the court erred in refusing to grant his motion to dismiss the information. He claims the information did not state the...

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