City of Cleveland v. Earnhart

Ronald B. Adrine, Judge.

At the conclusion of the city’s case, the defendant herein has moved this court for a directed verdict of acquittal pursuant to the provisions of Crim.R. 29(A). The defendant asserts in his motion that the prosecution has failed to bear its burden of proof on an essential element of this complaint that charges him with domestic violence, threats, in violation of R.C. 2919.25(C).

Crim.R. 29(A) mandates that the court grant the defendant’s motion, if it finds that “the evidence is insufficient to sustain a conviction” of the offense. However, “a court shall not order an…