CITY OF DAYTON v. ROGERS

No. 78-1378.

60 Ohio St. 2d 162 (1979)

CITY OF DAYTON, APPELLEE, v. ROGERS, APPELLANT.

Supreme Court of Ohio.

Decided December 26, 1979.


Attorney(s) appearing for the Case

Mr. Thomas G. Petkewitz, city attorney, Mr. J. Anthony Sawyer and Mr. James D. Dennis, for appellee.

Mr. Terry E. Timblin, for appellant.


HOLMES, J.

As a preliminary matter, this court must determine whether appellant has properly preserved for review the purported error of the trial court in this cause. The difficulty arises from the wording of appellant's assignment of error in the Court of Appeals:

"The trial court erred in overruling defendant-appellant's motion for a judgment of acquittal as the making of an unsworn false oral statement to a police officer is not conduct punishable by R...

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