Legal Opinion

State v. Eskridge

Ohio Supreme Court

Decided July 20, 1988No. 87-1483PublishedCited by 314 opinions

1Opinion of the CourtMoyer, C.J.

In this case, we consider the issue of whether there was substantial evidence presented at trial to prove that force or the threat of force was used in the commission of the rape. We hold that there was and, therefore, reverse the judgment of the court of appeals.

R.C. 2907.02, since amended (139 Ohio Laws, Part I, 523, 538), provided in part:

“(A) No person shall engage in sexual conduct with another, not the spouse of the offender, when any of the 'following apply:
“(3) The other person is less than thirteen years of age, whether or not the offender knows the age of such person.
“(B) Whoever…

2Cases cited5 opinions

  1. State v. EleyOhio Supreme Court · 1978
  2. State v. EtheridgeSupreme Court of North Carolina · 1987
  3. State v. FowlerOhio Court of Appeals · 1985
  4. State v. MartinOhio Court of Appeals · 1946
  5. State v. WolfenbergerOhio Court of Appeals · 1958

3Cited by314 opinions

  1. State v. SchaimOhio Supreme Court · 1992
  2. State v. SeiberOhio Supreme Court · 1990
  3. State v. DyeOhio Supreme Court · 1998
  4. State of Iowa v. Randy Scott MeyersSupreme Court of Iowa · 2011
  5. State v. GarrowOhio Court of Appeals · 1995

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