Peckinpaugh v. State

PRENTICE, Justice.

Defendant (Appellant) was convicted, after trial by jury, of Count I, Criminal Deviate Conduct, Ind.Code § 85-42-4-2(a)(1) (Burns 1979), Count II, Battery, Ind.Code § 85-42-2-1(8) (Burns 1979), and Count III, Child Molesting, Ind.Code § 85-42-4-8(b) (Burns 1979) and was sentenced to a total of thirty-one (81) years imprisonment. This direct appeal presents the following issues:(1) Whether the trial court erred in admitting an out of court statement of one of the victims, over objection that the State was attempting to impeach its own witness.(2) Whether the evidence is…