James v. State

NEAL, Judge.

STATEMENT OF THE CASE

Defendant-appellant, Nolan L. James (James), was convicted of child molesting under IND.CODE 85-42-4-8(b), a Class C felony, by a Vanderburgh Cireuit Court jury. From a sentence of five years, with probation and work release, he appeals.

We reverse.

STATEMENT OF THE FACTS

On May 9, 1988, M.J., age ten years, made a taped statement to a police woman stating she was sexually molested by her father, defendant Nolan L. James. The statement disclosed that she lived with James, her mother Vickie, and a brother, age seven years. Her father, she related, had fondled her…