Omans v. State

HOFFMAN, Judge.

Following a jury trial, defendant-appellant William Omans was convicted of two counts of child molesting, IC 1971, 35-42-4-3(c) (Burns 1979 Repl.), and sentenced to consecutive five-year terms.

His appeal raises two issues:(1) whether there was sufficient proof of penetration to support the convictions; and(2) whether it was error to admit testimony regarding his prior sexual conduct.

Defendant maintains that the evidence was insufficient to sustain his convictions because there was no proof of penetration. The statute under which defendant was convicted provides:

“(c) A person…