Moss v. District Court of Tulsa County

OPINION

LANE, Vice Presiding Judge:

The State of Oklahoma appeals pursuant to 22 O.S.Supp.1987, § 1089.7 from the District Court Order affirming dismissal by the magistrate in preliminary examination of the charge of Lewd Molestation against David Glen Sawyer in Tulsa County District Court Case No. CF-88-2665. Specifically the state appeals the magistrate’s finding that the twelve-year-old prosecutrix was unreliable and that the alleged fondling of her breasts through a comforter was not lewd or lascivious.

At preliminary hearing the State presented one witness, twelve year old S.L. She…