STATE v. HOOPER

No. 78-668.

57 Ohio St. 2d 87 (1979)

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

Supreme Court of Ohio.

Decided March 21, 1979.


Attorney(s) appearing for the Case

Mr. Simon L. Leis, Jr., prosecuting attorney, Mr. William E. Breyer and Mr. Merlyn D. Shiverdecker, for appellant.

Mr. Timothy A. Hickey, for appellee.


WILLIAM B. BROWN, J.

The sole issue raised by the instant cause is whether, under Ohio's felonious sexual-penetration statute, a finger is an "object."

R. C. 2907.12 provides, in pertinent part:

"(A) No person without privilege to do so shall insert any instrument, apparatus or other object into the vaginal or anal cavity of another, not the spouse of the offender, when any of the following apply:

"(1) The offender purposely compels...

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