IN RE SMITH

No. C-910538.

80 Ohio App.3d 502 (1992)

In re SMITH.

Court of Appeals of Ohio, Hamilton County.

Decided June 3, 1992.


Attorney(s) appearing for the Case

Arthur M. Ney, Jr., Hamilton County Prosecuting Attorney, and L. Susan Laker, Assistant Prosecuting Attorney, for appellant state of Ohio.

Geoffrey P. Damon, for appellee Christopher Thomas Smith.


Per Curiam.

The state appeals from the juvenile court's dismissal of a delinquency rape charge against a ten-year-old boy. In its two assignments of error the state argues: (1) the juvenile court improperly imposed a pretrial burden of proof on the state where a juvenile under the age of fourteen was charged with rape, and (2) the juvenile court erred in dismissing the rape charge. Because we conclude that the...

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