Atkins v. State

The first assignment of error relates to the sufficiency of the proof. It is claimed that, while the court correctly charged that the defendant could only be convicted if it should be found that the state had proved every element of the crime beyond a reasonable doubt, the proof nevertheless was so meager and so full of doubt that the jury must have disregarded the rule.

Ordinarily this court will not consider the mere weight of evidence on review of the record of a trial below (Frate v. Rimenik, 115 Ohio St., 11, 152 N. E., 14; Cole v. McClure, 88 Ohio St., 1, 102 N. E., 264; Stewart v.…