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STATE v. KEHOE

Nos. 772 and 780.

59 Ohio App. 2d 315 (1978)

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

Court of Appeals of Ohio, Medina County.

Decided July 26, 1978.

Attorney(s) appearing for the Case

Mr. Roger R. Ingraham, prosecuting attorney, for appellee.

Mr. James L. Burdon, for appellant.

MAHONEY, P. J.

The defendant, Kim Kehoe, appeals his conviction in a bench trial for complicity under R. C. 2923.03 in that he did solicit or procure one person to commit rape upon another in violation of R. C. 2907.02. We reverse for failure to obtain a valid jury waiver prior to trial.

Defendant's trial counsel personally signed and filed a purported jury waiver as follows:

"Now comes the defendant...

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