State v. Anderson

Citations

• 2024 Ohio 5515

Syllabus

CRIMINAL – Sufficiency of evidence challenge is not waived on appeal when Rule 29 motion for acquittal is not renewed at close of defense case. A \not guilty\ plea preserves a sufficiency challenge on appeal. Where a victim testifies that she could not identify the object used during an assault, a felonious assault with dangerous ordnance survives a sufficiency challenge where: (1) a blood-covered handgun is found where the assault occurred; (2) the blood on the handgun matches blood at the crime scene; (3) victim's head injuries appear to be caused by the butt of a handgun; and (4) victim told officer and emergency personnel immediately following assault that she was \pistol whipped\ by Appellant.