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STATE v. KULCHAR

No. 10CA6.

2011 Ohio 5144

State of Ohio, Plaintiff-Appellee, v. Matthew C. Kulchar, Defendant-Appellant.

Court of Appeals of Ohio, Fourth District, Athens County.

RELEASED: September 29, 2011.

Attorney(s) appearing for the Case

K. Robert Toy , TOY LAW OFFICE, Athens, Ohio, for appellant.

C. David Warren , ATHENS COUNTY PROSECUTOR, and George J. Reitmeier , ATHENS COUNTY ASSISTANT PROSECUTOR, Athens, Ohio, for appellee.

DECISION AND JUDGMENT ENTRY

HARSHA, P.J.

{¶1} A jury found Matthew C. Kulchar guilty of complicity to tampering with evidence after Kulchar had an unwitting friend dispose of the boxer shorts he wore during an alleged sexual assault. In this appeal Kulchar contends that the trial court erroneously instructed the jury on the complicity charge. Specifically, he complains that the court instructed the jury that the "innocent person" he allegedly...

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