Brooks v. State

DeBRULER, Justice.

In this case appellant Brooks, nineteen years of age, was charged with molesting in that he performed sexual deviate conduct upon his thirteen year old cousin. The charge was brought pursuant to I.C. 35-42-4-8(c). At the close of the State's case in chief, the court granted Brooks a judgment on the evidence, because the evidence showed that the misconduct did not include successful connection. The court however indicated that he was prepared to submit the case to the jury upon the lesser included offense of molesting by touching with intent to satisfy sexual desires as…