STATE v. HIMES

No. 08 MA 146.

2009 Ohio 6406

State of Ohio, Plaintiff-Appellee, v. William Himes, Defendant-Appellant.

Court of Appeals of Ohio, Seventh District, Mahoning County.

Dated: December 4, 2009.


Attorney(s) appearing for the Case

Attorney Paul Gains, Prosecuting Attorney, Attorney Gabriel Wildman, Assistant Prosecuting Attorney, 21 West Boardman Street, 6th Floor, Youngstown, Ohio 44503, for Plaintiff-Appellee.

Attorney Wesley Johnston, 111 Broad Street, Suite 207, Wadsworth, Ohio 44281, for Defendant-Appellant.

Before: Hon. Joseph J. Vukovich, Hon. Gene Donofrio, Hon. Mary DeGenaro.


OPINION

VUKOVICH, P.J.

¶{1} Defendant-appellant William Himes appeals from his complicity to rape convictions entered after a jury trial in the Mahoning County Common Pleas Court. Appellant complains that the indictment failed to charge complicity and failed to state the method of the rape. He then argues that the jury was required to specifically make a finding that a rape actually occurred, and he contends there was no evidence that the...

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