State v. Stone

After a bench trial the defendant, Gilbert Stone, was found guilty of sexual assault of a child and was sentenced to 2 years’ probation. A second charge, attempted creation of child pornography, was dismissed.

The defendant has appealed, and the assignments of error both relate to the sufficiency of the evidence to support the finding of guilty.

The record shows that the defendant is 71 years of age. The alleged victim, a 12- year-old girl, lived across the street from the defendant and his wife. The victim testified that she had known the defendant for 3 or 4 years and that about 2 years prior…