State v. Van Hooser

Defendant appeals from conviction and sentence for rape and kidnapping. Former OES 163.210, 163.-610. Defendant and one Kirk were accused of forcing a 12-year-old girl into their vehicle and each brutally and forcibly raping her, afterward letting her out of the vehicle near her home. Evidence from a medical examination of the girl later left no doubt of the brutality of the assault.

At the trial the victim identified defendant as having been the passenger in the vehicle and the one who forced her into it. However, it was dark and she did not see the face of the defendant, but did have a side…