State v. Jenkins

Stephenson, Presiding Judge.

This is an appeal from a judgment of conviction and sentence of Russell E. Jenkins, defendant below and appellant herein, entered upon a jury verdict finding appellant guilty of the offense of operating a motor vehicle while having a concentration of ten-hundredths of one gram, or more, by weight of alcohol per two hundred ten liters of his breath in violation of R.C. 4511.-19(A)(3). 1 The following errors are assigned:

“Assignment of Error No I:

“The trial court erred as a matter of law in overruling defendant-appellant’s motion to dismiss pursuant to Criminal Rule…