State v. Smith

The defendant herein is charged, by affidavit, with drag racing under Section 4511.251, Revised Code. Trial was had to the court. At the conclusion of the state’s evidence the defendant moved for dismissal on the ground that there was no evidence of competition introduced by the state. Motion was overruled. Defendant proceeded with his evidence. At the close of all evidence the defendant moved for dismissal on the following grounds: (1) The statute is unconstitutional in that it involves a presumption upon a presumption. (2) The prima facie case of the state was rebutted by the direct…