State v. Wolons

We first must determine whether the defendant waived his right to appeal the denial of his request that the jury be instructed on the law of intoxication. We are asked to extend to criminal cases our holding in Presley v. Norwood (1973), 36 Ohio St. 2d 29, 65 O.O. 2d 129, 303 N.E. 2d 81.

In Presley we considered Civ. R. 51(A), which contains language almost identical to Crim. R. 30(A). Under both rules, a party “may not assign as error the giving or failure to give any instruction [‘instructions,’ in Crim. R. 30(A)] unless he objects thereto before the jury retires to consider its verdict,…