Best v. State

NEAL, Presiding Judge.

Defendant-appellant James Best (Best) was convicted by the Morgan Superior Court, without a jury, of child molesting under Ind. Code 35-42-4-3(b) (Supp. 1979), from which conviction he appeals.

We affirm.

ISSUES

Best raises two issues for review which can be stated as follows:

I. Whether the newly discovered evidence consisting of affidavits by the State's primary witness that she had perjured herself was sufficient as a matter of law to mandate a new trial; and

II. Whether the evidence of specific intent was sufficient to sustain the conviction.

DISCUSSION AND DECISION

Issue…