Sims v. State

ON CRIMINAL PETITION TO TRANSFER

GIVAN, Justice.

The Court of Appeals in an opinion reported at 591 N.E.2d 1044 reversed appellant's conviction of three counts of Child Molesting, class C felonies. We also reverse appellant's conviction but for a different reason.

The victim, Z.G., and his family moved into a first floor apartment. The appellant and his family lived in the second floor apartment in the same house. The two families were interrelated. Z.G. reported to others and finally to his mother that appellant had sexually fondled him on three separate occasions and had shown him pornographic…