City of Akron v. Smith, 23482 (6-6-2007)

{¶ 13} I concur in the result reached by the majority, but write separately to address an analysis of the provision under which Appellant was charged. At the outset, this case appears to have resulted from failed communication. Appellant, noticing a man lying in the front yard of his home is understandably concerned and calls the police. While waiting for the police to respond, he goes out to investigate and, not knowing what danger might be lurking, takes a bat with him for protection. When the police arrive, responding to a "man down" call, they find a man waving a bat. They understandably…