City of Cincinnati v. Robben

Defendant-appellant, Anthony Robben, moved for acquittal under Crim. R. 29(A) at the conclusion of the state’s evidence in the trial of a charge that defendant violated Cincinnati’s assured-clear-distance-ahead ordinance, Cincinnati Municipal Code, Section 506-8 (1979). 1 The court overruled the motion and after defendant had presented his evidence, found him guilty as charged. The single assignment of error is that the court erred as a matter of law in failing to grant the motion “to dismiss.” We agree.

When a motion to acquit under Crim. R. 29(A) is overruled, the question is whether,…