City of Dayton v. Rogers

As a preliminary matter, this court must determine whether appellant has properly preserved for review the purported error of the trial court in this cause. The difficulty arises from the wording of appellant’s assignment of error in the Court of Appeals:

“The trial court erred in overruling defendant-appellant’s motion for a judgment of acquittal as the making of an unsworn false oral statement to a police officer is not conduct punishable by R.C.G.O. Section 131.02 (A).”

At the conclusion of the prosecution’s case-in-chief, defendant moved for a judgment of acquittal, pursuant to Crim. R. 29.…