State v. Gaulke

Rogosheske, Justice.

Defendant appeals his conviction of the crime of indecent assault upon his niece, Sharon McNish, an 8-year-old child.

Defendant was initially apprehended and brought to trial on a complaint charging indecent assault upon Patricia Morawiecki, another child who allegedly had been assaulted at the same time as and while in the company of defendant’s niece. In that case, after a jury had been impaneled and the prosecutor had completed his opening statement, defendant’s motion for dismissal on the ground that the information did not state a public offense was granted.…