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BARGER v. STATE

No. 49A02-9008-CR-488.

579 N.E.2d 621 (1991)

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

Court of Appeals of Indiana, First District.

October 7, 1991.

Attorney(s) appearing for the Case

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

Jeffrey Modisett, Pros. Atty., Carol J. Orbison, Deputy Pros. Atty., Office of the Pros. Atty. of Marion County, Linley E. Pearson, Atty. Gen., Julie L. Ezell, Deputy Atty. Gen., Office of Atty. Gen., Indianapolis, for appellee-plaintiff.

OPINION ON REHEARING

ROBERTSON, Judge.

We reversed Barger's conviction of child molesting as a Class D felony holding that the State failed to present sufficient evidence of probative value on the essential element of the purported victim's age to establish Barger's conviction beyond a reasonable doubt. Barger v. State, (1991), Ind. App., 576 N.E.2d 621. The State has filed this petition for rehearing asserting...

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