State v. McCleod, Unpublished Decision (12-12-2001)

OPINION

This timely appeal arises from a jury verdict in the Jefferson County Court of Common Pleas convicting Albert McCleod, III ("Appellant"), of one count of felonious assault. For the following reasons, we must reverse the conviction due to an error in the jury instructions and remand the case for further proceedings.

On September 7, 1998, Appellant entered Snyder Tire and Electronics ("Snyder Tire") in Wintersville, Ohio, to return a defective remote automobile starter and security system. (Tr. 83). The purpose of the device was to enable the driver to activate the automobile's locks,…