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State v. Gill

Citations

  • 2026 Ohio 748

Syllabus

The trial court erred in denying Mr. Gill's Crim.R. 29(A) motion for judgment of acquittal on the weapons under disability charge. The state formally rested its case without making exception for the having weapons under disability charge and failed to present any evidence of Mr. Gill's alleged disability when it closed its case in chief. Additionally, the state presented insufficient evidence to find Mr. Gill guilty of tampering with evidence. The state offered evidence only that Mr. Gill possessed a gun, law enforcement did not recover the gun, and Mr. Gill was not present at the scene when law enforcement arrived. However, the state did not present any evidence that Mr. Gill engaged in an act to alter, destroy, conceal, or remove the gun with the purpose of impairing an investigation. We reverse the judgment of conviction of the Franklin County Court of Common Pleas and enter a judgment of acquittal.

Judges: Edelstein

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Cites

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