State v. Morgan

On April 4, 1985, the Grand Jury of Hamilton County, Ohio, indicted the defendant-appellant, Donie R. Morgan (“appellant”), with four counts of rape. The alleged victim was the appellant’s seven-year-old daughter, Crystal Morgan. The appellant entered a plea of not guilty to those charges and, commencing on October 1, 1985, a jury tried the cause in the court below.

On October 3, 1985, the jury returned verdicts of not guilty of rape but guilty of sexual battery as to counts one, two, and three of the indictment. The jury acquitted the appellant of the charges contained in the fourth count.…