Dennis v. State

GARRARD, Presiding Judge.

Appellant Dennis was charged with child molesting, a Class C felony. On November 13, 1979, the court conducted an omnibus hearing and the case was scheduled for trial as a “second setting” on January 28, 1980.

It appears that the victim, who was to be the state’s principal witness, had moved to St. Louis, Missouri, during the interim since the alleged commission of the offense. When, on Wednesday, January 23, 1980, it still appeared that the case scheduled as the primary setting for the 28th would go to trial, the prosecutor’s office contacted the victim and instructed…