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STATE v. BOCK

No. 86-508.

28 Ohio St. 3d 108 (1986)

THE STATE OF OHIO, APPELLANT AND CROSS-APPELLEE, v. BOCK, APPELLEE AND CROSS-APPELLANT.

Supreme Court of Ohio.

Decided December 24, 1986.

Attorney(s) appearing for the Case

Arthur M. Ney, Jr., prosecuting attorney, Paul R. Markgraf, Leonard Kirschner and Thomas P. Longano, for appellant and cross-appellee.

Daniel J. Breyer, for appellee and cross-appellant.

CLIFFORD F. BROWN, J.

The court of appeals found that the trial court's failure to hold a competency hearing pursuant to R.C. 2945.37(A) necessitated the remand of this action for a new trial. We disagree. The appellate court below also held that the trial court's instruction to the members of the jury that they could disregard the factual determination of whether the twelve-year-old male victim was the defendant's spouse because "in this case, it's not appropriate...

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