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BARGER v. STATE

No. 49A02-9008-CR-488.

576 N.E.2d 621 (1991)

Michael G. BARGER, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana, First District.

August 16, 1991.

Attorney(s) appearing for the Case

F. Allen Tew, Jr., Indianapolis, for appellant-defendant.

Linley E. Pearson, Atty. Gen., Richard C. Webster, Deputy Atty. Gen., Indianapolis, for appellee-plaintiff.

ROBERTSON, Judge.

The defendant-appellant Michael G. Barger appeals from his conviction for child molesting. We reverse on Barger's issue relating to the sufficiency of the evidence. In particular, we hold that the age of the victim was not adequately proven.

In reaching the decision to reverse, we are mindful of the appropriate standard of review:

When considering sufficiency challenges on appeal, we will not invade the province of the jury by weighing...

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