Stewart v. State

SHEPARD, Chief Justice.

This case presents the question whether a defendant who files an alibi notice is entitled to an instruction listing the time of the offense as an element of the crime. We hold he is not.

Appellant Ray Stewart was tried before a jury and convicted of child molesting, a class B felony, Ind.Code § 85-42-4-8(a) (Burns 1985 Repl.) The trial court sentenced him to twelve years imprisonment.

The evidence at trial was that on July 6, 1984, Ray Stewart invited eleven-year-old M.B. to go for a ride in his car. Stewart and M.B. drove around awhile and eventually stopped at a gas…