State v. McCary

Citations

• 2019 Ohio 4596

Syllabus

A jury verdict finding the appellant guilty of sexual battery was not against the manifest weight of the evidence where the victim testified that she was asleep when the appellant engaged in sexual conduct with her and the appellant also admitted during a police interview that the victim appeared to be asleep when the sexual conduct occurred. Further, the trial court did not err by instructing the jury that ignorance of the law is not a defense to sexual battery, as that instruction did not curtail the appellant's ability to testify or argue that he believed the victim to be feigning sleep during the sexual conduct. Judgment affirmed.