Phillips v. State

GARRARD, Presiding Judge.

Phillips was charged with a Class B felony, sexual deviate conduct with a child under twelve years of age. He was tried by jury and was convicted. 1

The information alleged that he had inserted his finger into the victim's vagina and that the conduct occurred "(alt various and diverse times from on or about the 1st day of January, 1983, to and including the 7th day of April, 1986."

The evidence at trial established that he committed the alleged act on only one occasion. Other than the victim's statement that she thought it was during the summertime, there was no…