Ohio Crim.R. 29

(A) Motion for judgment of acquittal

The court on motion of a defendant or on its own motion, after the evidence on either side

is closed, shall order the entry of a judgment of acquittal of one or more offenses charged

in the indictment, information, or complaint, if the evidence is insuffic ient to sustain a

conviction of such offense or offenses. The court may not reserve ruling on a motion for

judgment of acquittal made at the close of the state's case.

(B) Reservation of decision on motion

If a motion for a judgment of acquittal is made at the close of all the evidence, the court

may reserve decision on the motion, submit the case to the jury and decide the motion

either before the jury returns a verdict, or after it returns a verdict of gui lty, or after it is

discharged without having returned a verdict.

(C) Motion after verdict or discharge of jury

If a jury returns a verdict of guilty or is discharged without having returned a verdict, a

motion for judgment of acquittal may be made or renewed within fourteen days after the

jury is discharged or within such further time as the court may fix during the fourteen day

period. If a verdict of guilty is returned, the court may on such motion set aside the verdict

and enter judgment of acquittal. If the evidence shows the defendant is not guilty of the

degree of crime for which the defendant was convicted, but guilty of a lesser degree thereof,

or of a lesser crime included therein, the court may modify the verdict or finding

accordingly and shall pass sentence on such verdict or finding as modified. If no verdict

is returned, the court may enter judgment of acquittal. It shall not be a prerequisite to the

making of such motion that a similar motion has been made prior to the submission of the

case to the jury.