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State v. Collier

1979 WL 209245 (1979)

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State v. Collier

Ohio Court of Appeals
1979 WL 209245 (1979)

  • Written by Sharon Feldman, JD

Facts

Timothy Collier (defendant) and a 15-year-old girl met at a roller-skating rink and engaged in sexual conduct. Collier was charged with rape and kidnapping. The victim testified she got into Collier’s car because he promised to take her to a restaurant and she had sex with him because he held a knife on and threatened her. Collier testified that the victim propositioned him and consented to sexual conduct. A police officer testified that the victim was crying and her clothes and hair were in disarray when she returned to the rink. Collier was convicted of rape and kidnapping. Collier appealed, arguing that the court erred in declining to instruct the jury on the lesser-included offense of sexual battery and permitting convictions for both rape and kidnapping.

Rule of Law

Issue

Holding and Reasoning (McCormac, J.)

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