Barger v. State

OPINION ON REHEARING

ROBERTSON, Judge.

We reversed Barger's conviction of child molesting as a Class D felony holding that the State failed to present sufficient evidence of probative value on the essential element of the purported victim's age to establish Barger's conviction beyond a reasonable doubt. Barger v. State, (1991), Ind.App., 576 N.E.2d 621. The State has filed this petition for rehearing asserting that our decision is erroneous in four (4) respects. Since none of the State's assertions have merit, we deny the State's petition.

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SUFFICIENCY OF THE EVIDENCE

As its first allegation of…