State v. Daugherty

Donovan, Judge.

{¶ 1} This matter is before the court on the notice of appeal of Anthony Daugherty, filed April 4, 2005. Daugherty was charged with one count of domestic violence, a misdemeanor of the first degree, in violation of R.C. 2919.25, after his arrest for beating his girlfriend, Stephanie Higgins. Following a trial, the trial court ruled that the state had failed to prove that Higgins was a family or household member of Daugherty’s, a required element of the crime of domestic violence. The trial court found that assault is a lesser included offense of misdemeanor domestic violence…