Barger v. State

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. Barger v. State (1991), Ind. App., 576 N.E.2d 621, reh'g denied, 579 N.E.2d 621. We grant transfer, vacate the opinions of the Court of…