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STATE v. MOODY

No. 2003-0899.

104 Ohio St.3d 244 (2004)

2004-Ohio-6395

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

Supreme Court of Ohio.

Decided December 8, 2004.

Attorney(s) appearing for the Case

Nick A. Selvaggio, Champaign County Prosecuting Attorney, and Jack W. Whitesell Jr., Assistant Prosecuting Attorney, for appellant.

Charles W. Slicer III, Dayton, for appellee.

William F. Schenck, Greene County Prosecuting Attorney, and Elizabeth A. Ellis, Assistant Prosecuting Attorney, urging reversal for amicus curiae Ohio Prosecuting Attorneys Association.

FRANCIS E. SWEENEY, SR., J.

{¶ 1} Defendant-appellee, Christina Moody, n.k.a. Christina Smith, was charged with contributing to the unruliness of a child, in violation of former R.C. 2919.24(A)(1).1 The charge was based upon Moody's allowing 17-year-old Bryan Rutherford to stay overnight at her apartment without his mother's consent. At the time, Moody shared the apartment with Bryan's cousin, Ryan Smith, to whom she...

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