State v. Bailey

The defendant-appellant, Donald E. Bailey, was tried by a jury in the common pleas court and found guilty of two counts of rape, R.C. 2907.-02(A)(2). The sexual conduct forming the basis of the indictment consisted of two acts of cunnilingus perpetrated by force with the same victim on the same date. The appellant was sentenced to two concurrent terms of imprisonment of five to twenty-five years and this timely appeal followed.

Three assignments of error are presented for review by this court. First, the appellant assigns error to the denial of his motion for acquittal, Crim.R. 29, made at the…