Stumpf v. State

COBB, Judge.

The appellant, Stumpf, was convicted below of one count of solicitation to commit a lewd act on a child and one count of lewd assault on a child. The state’s evidence at trial indicated that Stumpf, riding a bicycle, followed a twelve-year old boy riding his own bicycle, then forced him off the road causing him to fall and scrape his elbow. Stumpf told the minor that he desired (or intended) to perform a sexual act on the minor, who was frightened by the words and actions directed at him.

We must agree with the appellant that he was entitled to a judgment of acquittal in respect to…