JamesB
Regular Member
I always enjoy someone from out of state attempting to explain Ohio law to Ohioans.
Based on the quoted logic, a defendant could not have a bench trial. In other words, only a jury can acquit.
When the prosecution rested their case the defense moved the court by offering an Ohio Criminal Rule 29 motion.
"RULE 29. Motion for Acquittal
(A) Motion for judgment of acquittal. The court on motion of a defendant or on its own motion, after the evidence on either side is closed, shall order the entry of a judgment of acquittal of one or more offenses charged in the indictment, information, or complaint, if the evidence is insufficient to sustain a conviction of such offense or offenses. The court may not reserve ruling on a motion for judgment of acquittal made at the close of the state's"
Dismissals usually happen in civil cases.
And that is why this out-of-stater enjoys posting things he really doesn't understand sometimes.
Now I do. Thank you. I learned something today.