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STATE v. OWENS

No. 1707.

81 Ohio App.3d 412 (1992)

The STATE of Ohio, Appellee, v. OWENS, Appellant.

Court of Appeals of Ohio, Ross County.

Decided June 17, 1992.

Attorney(s) appearing for the Case

Scott W. Nusbaum, Assistant Prosecuting Attorney, for appellee.

Dennis Pusateri and Barry W. Wilford, for appellant.

GREY, Judge.

This is an appeal from a judgment of the Ross County Court of Common Pleas. The trial court found Francis Owens guilty of rape in violation of R.C. 2907.02. We reverse.

On October 13, 1989, the Ross County Grand Jury indicted Owens and charged him with the rape of Elaine Fry, age thirteen, sometime between December 1, 1988 and January 31, 1989. An examination of Fry on February 22, 1989 indicated that she was six weeks' pregnant. Fry had an abortion...

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