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TOBIAS v. STATE

No. 72A05-9411-CR-463.

659 N.E.2d 246 (1995)

Carl M. TOBIAS, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana.

December 29, 1995.

Attorney(s) appearing for the Case

Robert M. Hammerle, Joseph M. Cleary, Hammerle, Foster, & Long-Sharp, Indianapolis, for appellant.

Pamela Carter, Attorney General, Jodi Kathryn Rowe, Deputy Attorney General, Indianapolis, for appellee.

OPINION

FRIEDLANDER, Judge.

Carl M. Tobias appeals his conviction for Rape,1 a class B felony, and Sexual Battery,2 a class D felony.

We reverse.

The facts most favorable to the judgment are that on July 9, 1993, sixteen-year-old C.D. made arrangements with her boyfriend, Ralph, to go camping near Lake Hardy in Scott County. While at the campsite, C.D. and Ralph listened to music,...

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