Tobias v. State

OPINION

FRIEDLANDER, Judge.

Carl M. Tobias appeals his conviction for Rape,1 a class B felony, and Sexual Battery,2 a class D felony.

We reverse.

The facts most favorable to the judgment are that on July 9, 1993, sixteen-year-old C.D. made arrangements with her boyfriend, Ralph, to go camping near Lake Hardy in Seott County. While at the campsite, C.D. and Ralph listened to music, drank beer, and engaged in sexual intercourse. Sometime during the early morning hours of July 10, several campers complained of noise coming from C.D.'s campsite. Tobias and Jamie Miller, who worked at the lake, began…