State v. Durbin

I respectfully dissent.

Defendant contends that the evidence was not sufficient to establish the crime charged. I agree. The alleged victim, A.S., was almost eight years old at the time of the alleged offense. Her mother and father were separated in February of 1989 and divorced later that year. Father was her custodian at the time of the alleged offense and at the time of trial. The evidence indicates the divorce was acrimonious. On February 19, A.S. stayed at her mother’s home. She was at that time in the custody of her father and this was the only occasion when she stayed with her mother…