State v. Scott, Unpublished Decision (9-6-2002)
State v. Scott, Unpublished Decision (9-6-2002)
Opinion of the Court
{¶ 2} In his sole assignment of error, appellant asserts that he was prejudiced by the trial court's definition of circumstantial evidence because the example the court used, which described a child standing by an open cookie jar with crumbs on her face, was analogous to the facts of this case.
{¶ 3} This court has carefully reviewed the trial court's instructions to the jury as to circumstantial evidence and direct evidence and also has considered the trial court's words in the context of the entire instruction. See Cupp v. Naughten (1973),
{¶ 4} On consideration whereof, this court finds that appellant was not prejudiced or prevented from having a fair trial and the judgment of the Sandusky County Court of Common Pleas is affirmed. Costs of this appeal are assessed to appellant.
JUDGMENT AFFIRMED.
Melvin L. Resnick, J., Richard W. Knepper, J., and Mark L.Pietrykowski, P.J., CONCUR.
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