Caccavallo v. State

TRANSFER FROM COURT OF APPEALS

GIVAN, Chief Judge.

Appellant was charged with Child Molesting. He was found guilty by a jury and was sentenced to an eight year term of imprisonment. The conviction was reversed by the Court of Appeals in an unpublished memorandum decision. 433 N.E.2d 421. We reverse the Court of Appeals and affirm the trial court.

Appellant is alleged to have had sexual intercourse with a child who was twelve years old at the time. The incident occurred on the night of October 31, 1979. The child lived with appellant and his own children, along with her father, from September,…