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STATE v. SMITH

No. CA-2345.

34 Ohio App. 3d 180 (1986)

THE STATE OF OHIO, APPELLEE, v. SMITH, A.K.A. KENNON, APPELLANT.

Court of Appeals of Ohio, Richland County.

Decided July 3, 1986.

Attorney(s) appearing for the Case

Cathy Dutton, assistant prosecuting attorney, for appellee.

Tarkowsky-Baran Legal Services and John Tarkowsky, for appellant.

PUTMAN, P.J.

There are five errors assigned in the appeal from a sentence entered by the Richland County Court of Common Pleas upon a jury verdict of guilty of "rape," former R.C. 2907.02(A)(1) (see 139 Ohio Laws, Part I, 523, 538-539, and 139 Ohio Laws, Part II, 2285, 2298-2299).

They read:

Assignment of Error No. I

"The trial court erred in refusing to allow testimony of the alleged victim's sexual intercourse with two other individuals...

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