STATE v. ESKRIDGE

No. 87-1483.

38 Ohio St. 3d 56 (1988)

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

Supreme Court of Ohio.

Decided July 20, 1988.


Attorney(s) appearing for the Case

John T. Corrigan, prosecuting attorney, and DeLouis Broughton, for appellant.

Hyman Friedman, county public defender, and Robert M. Ingersoll, for appellee.


MOYER, C.J.

In this case, we consider the issue of whether there was substantial evidence presented at trial to prove that force or the threat of force was used in the commission of the rape. We hold that there was and, therefore, reverse the judgment of the court of appeals.

R.C. 2907.02, since amended (139 Ohio Laws, Part I, 523, 538), provided in part:

"(A) No person shall engage in sexual conduct with another, not the spouse of the offender, when...

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