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BARGER v. STATE

No. 49S02-9203-CR-160.

587 N.E.2d 1304 (1992)

Michael G. BARGER, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

Rehearing Denied May 18, 1992.

Attorney(s) appearing for the Case

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

Linley E. Pearson, Atty. Gen., Richard C. Webster, Deputy Atty. Gen., Indianapolis, Jeffrey Modisett, Pros. Atty., Marion County, Carol J. Orbison, Deputy Pros. Atty., Indianapolis, for appellee.

SHEPARD, Chief Justice.

Michael G. Barger was found guilty by a jury of child molesting, a class D felony. Ind. Code § 35-42-4-3(d) (West 1986). The evidence revealed that Barger was the principal at the victim's elementary school. He invited the victim to sit on his lap, and placed the victim's hand outside his clothing on his penis. The Indiana Court of Appeals reversed, finding the evidence of the victim's age was insufficient to sustain the conviction.

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