STATE v. DOBBINS

No. 36190.

171 Ohio St. 40 (1960)

THE STATE OF OHIO, APPELLEE, v. DOBBINS, APPELLANT.

Supreme Court of Ohio.

Decided May 25, 1960.


Attorney(s) appearing for the Case

Mr. Earl W. Allison, prosecuting attorney, and Mr. Albert G. Giles, for appellee.

Messrs. Wonnell & Zingarelli, for appellant.


BELL, J.

No question is raised herein concerning the adequacy of proof of the taking of indecent and improper liberties with the person of the complaining witness, a 13-year-old girl.

The only question raised so far as the substance of the statute is concerned is whether an assault, in the classic sense of a threat of physical injury coupled with a present ability to inflict the same, is a necessary element of a violation of that portion of the above-quoted...

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