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STATE v. GARDNER

No. C-860802.

42 Ohio App. 3d 157 (1987)

THE STATE OF OHIO, APPELLEE, v. GARDNER, APPELLANT.

Court of Appeals of Ohio, Hamilton County.

Decided October 21, 1987.

Attorney(s) appearing for the Case

Richard Castellini, city solicitor, Terrence R. Cosgrove and Chad C. Warwick, for appellee.

Robert K. Sachs and H. Fred Hoefle, for appellant.

BLACK, P.J.

In this appeal1 we are presented with the central question of whether the absence of evidence proving venue is plain error. We hold that it is and that a conviction cannot be supported when the evidence is not sufficient to establish venue beyond a reasonable doubt, despite the failure of counsel to bring the insufficiency to the attention of the trial court.

Defendant-appellant, Thomas Gardner, was charged with assaulting...

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