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STATE v. BARNECUT

No. 30-CA-87.

44 Ohio App. 3d 149 (1988)

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

Court of Appeals of Ohio, Fairfield County.

Decided April 1, 1988.

Attorney(s) appearing for the Case

Gregg Marx and David L. Landefeld, for appellee.

G. Gene Jackson, for appellant.

MILLIGAN, J.

Defendant-appellant, Paul W. Barnecut, was indicted on six counts of sexual misconduct. The fifth count of the indictment was dismissed at trial because the victim did not testify about any sexual misconduct on appellant's part for the year indicated in the indictment. The indictment otherwise provided:

COUNT      VIOLATION      VICTIM            DATE/TIME OF OFFENSE
One        2907.05(A)(3)  Lee Ann Friesner  On a date certain during
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