State v. Snowden, 2008-A-0014 (12-12-2008)

{¶ 34} I respectfully dissent. The judgment entry of the trial court did not constitute a judgment of acquittal. The trial court specifically granted Snowden a new trial based on Crim. R. 33(A)(4), which states that a new trial may be granted if "[t]he verdict is not sustained by sufficient evidence or is contrary to law." In addition, both the form and the substance of Snowden's motion were based on Crim. R. 33(A)(4). "[A] pleading is judged, not by its title or form alone, but essentially by the subject-matter it contains. If the title is not descriptive of the subject-matter, it is the…