State v. Irby, Unpublished Decision (11-1-2004)

OPINION

{¶ 1} Appellant Damon Irby was convicted in Mahoning County Court No. 4 on one count of domestic violence, a first degree misdemeanor. Appellant argues that his conviction following a bench trial is against the manifest weight of the evidence, and that his Crim.R. 29 motion for acquittal should have been granted at the close of the state's case when the state failed to establish an in-court identification of Appellant. He also argues that the state's only witness, the victim Lorain Clinkscale ("Lorain"), failed to positively identify Appellant during trial. Appellant has pointed to no…