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STATE v. JOHNSON

No. 87-381.

36 Ohio St. 3d 224 (1988)

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

Supreme Court of Ohio.

Decided May 11, 1988.

Attorney(s) appearing for the Case

George E. Pattison, prosecuting attorney, Lawrence R. Fisse and Daniel Breyer, for appellant.

R. Daniel Hannon and Gregory Chapman, for appellee.

HOLMES, J.

The sole issue before us is whether the evidence presented in the case sub judice would have reasonably supported a conviction for the offense of gross sexual imposition, R.C. 2907.05(A)(3),1 as a lesser included offense of rape, former R.C. 2907.02(A)(3),2 thus requiring a charge to the jury on such offense. For the reasons which follow, we answer such query in the negative and reverse the...

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