State v. Tolliver

This is an appeal from a conviction for sexual battery (R. O. 2907.03), consisting of a constitutional challenge to R. C. 2907.03(A)(1) and a claim that the trial court’s instructions to the convicting jury were prejudicially erroneous.

The defendant was indicted and tried for the offense of rape (R. C. 2907.02). Following the testimony, the trial court advised counsel that he had decided to charge the jury on the lesser included offense of sexual battery which provides, in part, as follows:

“R. C. 2907.03

“(A) No person shall engage in sexual conduct with another, not the spouse of the…