State v. Sorgee

Although it is not the function of this court to consider the weight of the evidence when reviewing the trial court’s record in a criminal case, the record may be examined to determine whether it includes sufficient evidence which, if believed, would convince the average juror of the accused’s guilt beyond a reasonable doubt. Atkins v. State (1926), 115 Ohio St. 542. It is also well settled that, where circumstantial evidence alone is relied upon to prove an essential element of an offense, such evidence must be consistent only with the theory of guilt and irreconcilable with any reasonable…