Lipsey v. State

Banke, Presiding Judge.

The appellant was indicted for three counts of child molestation, each involving his 12-year-old stepdaughter. He was acquitted as to Count 1, charging him with sexual intercourse, and found guilty as to Counts 2 and 3, charging him with oral sodomy and fondling. However, the trial court subsequently granted his motion for new trial as to Count 3, based on the state’s failure to prove venue. This appeal is from the denial of the motion for new trial as to Count 2.

The victim first revealed that there had been sexual contact between herself and the appellant in April of…