State v. Day

*1097 ACCELERATED DOCKET ORDER

Appellee, Martin Day, was charged by Information in the District Court of Wagoner County, Case No. CRF-92-208, with Lewd Molestation. At the preliminary hearing held on October 19, 1992, Appellee demurred to the State’s evidence and alleged 22 O.S. 1991, § 152 requires the Information to be filed within five (5) years after “discovery” of the crime. The Honorable Larry Langley sustained Appellee’s demurrer to the evidence because the victim, a nineteen year old girl, had knowledge of the crime for six years. The State announced its intention to appeal.

On November, 6,…