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STATE v. MAXSON

No. 77-1056.

54 Ohio St. 2d 190 (1978)

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

Supreme Court of Ohio.

Decided May 3, 1978.

Attorney(s) appearing for the Case

Mr. David Frey, prosecuting attorney, and Mr. William A. Grim, for appellee.

Messrs. Lavelle & Yanity, Mr. William A. Lavelle and Mr. Thomas S. Hodson, for appellant.

WILLIAM B. BROWN, J.

The sole issue presented by the instant cause is whether a person who has passed his or her fifteenth birthday but has not yet reached his or her sixteenth birthday is "over fifteen years of age" for the purposes of R. C. 2907.04.

R. C. 2907.04 provides, in pertinent part:

"(A) No person, eighteen years of age or older, shall engage in sexual conduct with another, not the spouse...

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