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STATE v. HAYES

No. C-850075.

31 Ohio App. 3d 40 (1987)

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

Court of Appeals of Ohio, Hamilton County.

Decided January 21, 1987.

Attorney(s) appearing for the Case

Arthur M. Ney, Jr., prosecuting attorney, and William E. Breyer, for appellant.

R. Scott Croswell and Elizabeth E. Agar, for appellee.

Per Curiam.

The sole question in this appeal is whether the trial court erred when it dismissed the indictment and bill of particulars (charging defendant with sexual battery of Crystal Ellison in violation of R.C. 2907.03[A] [5]) "to the extent" that the Latin phrase in loco parentis is void for vagueness. The court granted only that part of defendant's motion to dismiss and denied the motion "in all other respects." We dismissed the prosecution's appeal...

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