McIntyre v. State

RATLIFF, Judge (Writing by Designation).

STATEMENT OF THE CASE

Barney Mcintyre appeals his convictions of two counts of child molesting 1 as Class B felonies, following a trial by jury. He was sentenced to concurrent terms of ten years on each count. 2 Count I charged him with having sexual intercourse with a child under twelve, and Count II charged him with deviate sexual conduct 3 with a child under twelve. We reverse and remand for a new trial because of the trial court's refusal to allow legitimate cross-examination of the alleged victim.

FACTS

Melntyre had sexual intercourse with his eleven…