City of Wellston v. Kerr, Unpublished Decision (5-1-2000)

DECISION AND JUDGMENT ENTRY

The Jackson County Municipal Court convicted the appellant, Spring Kerr, of petty theft for allegedly shoplifting a T-shirt from a Wellston store. The appellant raises a single assignment of error on this appeal: "The trial court erred in rendering a decision which was against the manifest weight of the evidence."

We agree with the appellant that the evidence adduced at trial was woefully short of establishing proof beyond a reasonable doubt. Accordingly, we reverse.

I

On April 16, 1999, April Faught saw the appellant pull something out of her jacket after the two…