State v. Major, Unpublished Decision (1-25-1999)

This is an appeal from a judgment of the Municipal Court of Hillsboro, Ohio. The defendant-appellant, Edward V. Major, appeals his conviction by a jury of a violation of R. C.4511.19(A)(1), operating a vehicle while under the influence of alcohol, as a second offender.

These are the appellant's assignments of error:

1. Because the State's case in chief established that defendant-appellant's vehicle was out of gas and accordingly inoperable at the time he was arrested, and all prior times that he was observed by any witness, the Court erred in not granting defendant-appellant's Rule 29 Motion.

2.…