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IN RE WASHINGTON

No. 94-2126.

75 Ohio St.3d 390 (1996)

IN RE WASHINGTON.

Supreme Court of Ohio.

Decided March 6, 1996.

Attorney(s) appearing for the Case

Stephanie Tubbs Jones, Cuyahoga County Prosecuting Attorney, and Eleanore E. Hilow, Assistant Prosecuting Attorney, for appellant.

James A. Draper, Cuyahoga County Public Defender, and Mark A. Spadaro, Assistant Public Defender, for appellee.

FRANCIS E. SWEENEY, SR., J.

The issues before this court are whether a rebuttable presumption exists that a child under the age of fourteen is incapable of committing the crime of rape and whether sufficient evidence existed to support the trial court's finding that appellee was delinquent. For the following reasons, we find that (1) no such presumption exists in Ohio, and (2) in the present case the evidence was sufficient to support the trial court's finding that...

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