Summary
In State v. Geghan, 166 Ohio St. 188, 140 N.E.2d 790, the Court of Appeals reversed a judgment of conviction and discharged the defendant on the ground that there was insufficient evidence to raise a jury question as to the defendant's guilt.
Summary of this case from Conner v. ConnerOpinion
No. 34962
Decided February 27, 1957.
Criminal law — Judgment on verdict of guilty — Evidence conflicting — Appeal — Reversal on weight of evidence — Reviewing court to remand for new trial.
APPEAL from the Court of Appeals for Hamilton County.
Defendant was indicted on a charge of falsifying certain figures in a pollbook at a regular state election. After a trial lasting several days, the jury rendered a verdict of guilty, and defendant was sentenced.
On appeal to the Court of Appeals, that court reversed the judgment of the trial court and discharged defendant, holding that "the verdict and judgment are not supported by any evidence of that high degree of probative force and certainty which the law demands to establish the guilt of defendant," and that the trial court erred in overruling defendant's motion for a directed verdict at the conclusion of all the evidence.
The allowance of a motion for leave to appeal brings the cause to this court for review.
Mr. C. Watson Hover, prosecuting attorney, and Mr. Harry C. Schoettmer, for appellant.
Mr. Harry H. McIlwain, for appellee.
The typewritten bill of exceptions contains nearly 400 pages of testimony in which there are numerous conflicting statements.
In our opinion, there is sufficient evidence to have raised a jury question as to defendant's guilt. Therefore, the trial court did not err in overruling defendant's motion for a directed verdict, and the Court of Appeals was not authorized to discharge defendant. However, the Court of Appeals has authority to reverse on the weight of the evidence, and its unanimous conclusion that this verdict is not supported by sufficient evidence is an expression of its conclusion that the verdict is against the weight of the evidence. Cf. Henry v. Henry, 157 Ohio St. 319, 105 N.E.2d 406. In such a situation it is the sole function of the Court of Appeals to set aside the judgment and remand the cause for a new trial.
Accordingly, the judgment of the Court of Appeals reversing the judgment of the Common Pleas Court and discharging defendant is reversed, and the cause is remanded to the Common Pleas Court for a new trial. State, ex rel. Squire, Supt. of Banks, v. City of Cleveland, 150 Ohio St. 303, 82 N.E.2d 709; State v. Robinson, 162 Ohio St. 486, 124 N.E.2d 148.
Judgment reversed.
WEYGANDT, C.J., ZIMMERMAN, STEWART, TAFT, MATTHIAS and HERBERT, JJ., concur.
BELL, J., not participating.