State v. Bridgeman, 381 N.E.2d 184 (Ohio 1978). · Go Syfert
State v. Bridgeman, 381 N.E.2d 184 (Ohio 1978). Cases Citing This Book View Copy Cite
2,321 citation events (1,406 in the last 25 years) across 10 distinct courts.
Strongest positive: State v. Harris (ohioctapp, 2025-08-08)
Treatment trajectory · 1979 → 2026 · click a year to view as-of
1979 2002 2026
Top citers, strongest first. 50 distinct citers.
cited Cited as authority (rule) State v. Harris
Ohio Ct. App. · 2025 · confidence medium
State v. Miller, 2010-Ohio-5532 , ¶ 12 (12th Dist.), citing State v. Bridgeman, 55 Ohio St.2d 261, 263 (1978).
discussed Cited as authority (rule) State v. Rogers
Ohio Ct. App. · 2019 · confidence medium
The question is whether “ʻa reasonable mind [m]ight fairly find each element of the offense beyond a reasonable doubt.”’ State v. Bridgeman, 55 Ohio St.2d 261, 263 (1978), quoting United States v. Collon, 426 F.2d 939, 942 (6th Cir. 1970). {¶7} Crim.R. 29(A) states in pertinent part, “[t]he court on motion of a defendant or on its own motion, after the evidence on either side is closed, shall order the entry of 2 a judgment of acquittal of one or more offenses charged in the indictment, information, or complaint, if the evidence is insufficient to sustain a conviction of such offense…
discussed Cited as authority (rule) State v. Singleton
Ohio Ct. App. · 2019 · confidence medium
The question is whether “‘a reasonable mind might fairly find each element of the offense beyond a reasonable doubt.’” State v. Bridgeman, 55 Ohio St.2d 261, 263 (1978), quoting United States v. Collon, 426 F.2d 939, 942 (6th Cir.1970). {¶13} A court reviewing the manifest weight of the evidence observes the entire record, weighs the evidence and all reasonable inferences, and considers the credibility of the witnesses.
discussed Cited as authority (rule) State v. Fair
Ohio Ct. App. · 2019 · confidence medium
Jenks, supra, at paragraph two of the syllabus. “[T]he question is whether * * * a reasonable mind might fairly find each element of the offense beyond a reasonable doubt.” State v. Bridgeman, 55 Ohio St.2d 261, 263 (1978). {¶33} Crim.R. 29(A) states in pertinent part, “[t]he court on motion of a defendant or on its own motion, after the evidence on either side is closed, shall order the entry of 8 a judgment of acquittal of one or more offenses charged in the indictment, information, or complaint, if the evidence is insufficient to sustain a conviction of such offense or offenses.” I…
discussed Cited as authority (rule) State v. Gipson
Ohio Ct. App. · 2019 · confidence medium
The question is whether “‘a reasonable mind might fairly find each element of the offense beyond a reasonable doubt.’” State v. Bridgeman, 55 Ohio St.2d 261, 263 (1978), quoting United States v. Collon, 426 F.2d 939, 942 (6th Cir.1970). {¶44} Crim.R. 29(A) states in pertinent part, “[t]he 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 insufficient to sustain a conviction of such offense or…
discussed Cited as authority (rule) State v. Hilton
Ohio Ct. App. · 2016 · confidence medium
Because the assignments are interrelated, we will address them together. {¶45} With regard to sufficiency, in State v. Bridgeman, 55 Ohio St.2d 261, 381 (1978), the Ohio Supreme Court established the test for determining whether a Crim.R. 29 motion for acquittal is properly denied.
cited Cited as authority (rule) State v. Fonseca
Ohio Ct. App. · 2016 · confidence medium
Seneca No. 13-10-18, 2011-Ohio- 3005, ¶ 43, citing State v. Bridgeman, 55 Ohio St.2d 261, 263 (1978).
cited Cited as authority (rule) State v. Potts
Ohio Ct. App. · 2016 · confidence medium
Seneca No. 13-10-18, 2011-Ohio- 3005, ¶ 43, citing State v. Bridgeman, 55 Ohio St.2d 261, 263 (1978).
cited Cited as authority (rule) State v. Costell
Ohio Ct. App. · 2016 · confidence medium
Seneca No. 13-10-18, 2011- Ohio-3005, ¶ 43, citing State v. Bridgeman, 55 Ohio St.2d 261, 263 (1978).
cited Cited as authority (rule) State v. Muller
Ohio Ct. App. · 2012 · confidence medium
State v. Bridgeman, 55 Ohio St.2d 261, 263-264 (1978).
discussed Cited as authority (rule) State v. Gregg, Unpublished Decision (3-16-2007)
Ohio Ct. App. · 2007 · confidence medium
In other words "[i]f reasonable minds can reach different conclusions as to whether each element of a crime has been proved beyond a reasonable doubt, they clearly might find guilt." Id. at 264 (emphasis sic).
discussed Cited as authority (rule) State v. Higgins, Unpublished Decision (10-13-2006)
Ohio Ct. App. · 2006 · confidence medium
In other words "[i]f reasonable minds can reach different conclusions as to whether each element of a crime has been proved beyond a reasonable doubt, they clearly might find guilt." Id. at 264 (emphasis sic). {¶ 33} Higgins' first assignment of error is without merit. {¶ 34} In his second assignment of error, Higgins raises the same arguments relating to the circumstances surrounding his identification and the value of the property in question, and argues that his conviction was against the manifest weight of the evidence.
discussed Cited as authority (rule) State v. McBroom, Unpublished Decision (8-29-2003)
Ohio Ct. App. · 2003 · confidence medium
State v. Bridgeman, supra, at 263, 264 ; State v. Fyffe (1990), 67 Ohio App.3d 608 . {¶ 16} The State argues that McBroom's conduct "implied" that he would use force if the victims did not come back to the cash register and open it up for him.
cited Cited as authority (rule) State v. Neptune, Unpublished Decision (4-21-2000)
Ohio Ct. App. · 2000 · confidence medium
Id. at 263.
cited Cited as authority (rule) State v. Volgares, Unpublished Decision (5-17-1999)
Ohio Ct. App. · 1999 · confidence medium
Id. at 263.
discussed Cited as authority (rule) State v. Cruz, Jr., Unpublished Decision (2-27-1998)
Ohio Ct. App. · 1998 · confidence medium
Id. 55 Ohio St.2d 261 2925.03 Appellant was convicted of complicity to commit robbery under R.C. 2911.02 (A)(2), 2925.03 which states: "No person, in attempting or committing a theft offense or in fleeing immediately after the attempt or offense, shall do any of the following: * * * "(2) Inflict, attempt to inflict, or threaten to inflict physical harm on another * * *" No eyewitness testified that they saw appellant rob Courtview Mart in the early morning hours of August 7, 1996.
discussed Cited as authority (rule) State v. Moore
Ohio Ct. App. · 1994 · confidence medium
The issue of guilt or innocence will be presented to the jury if the evidence ‘viewed in the light most favorable to the government is such that “a reasonable man might fairly find guilt beyond a reasonable doubt.” ’ Id. at 263 [9 O.O.3d at *149 402, 381 N.E.2d at 185 ].” See, also, State v. Smith (1991), 61 Ohio St.3d 284, 289 , 574 N.E.2d 510, 516 .
discussed Cited as authority (rule) State v. Davis
Ohio Ct. App. · 1982 · confidence medium
In light of the conflict between Davis’ taped statements and his testimony at trial, the trial court properly left the factual issue for resolution by the jury, as well as the credibility of defendant’s recorded statements as compared with those given by him at trial. “* * * It has long been established law in Ohio that a question is one for determination by the jury when ‘reasonable minds can reach different conclusions as to whether each material element of a crime has been proved beyond a reasonable doubt * * *.’ State v. Swiger (1966), 5 Ohio St. 2d 151 [ 34 O.O.2d 270 ], paragra…
discussed Cited as authority (rule) Hersch v. E. W. Scripps Co.
Ohio Ct. App. · 1981 · confidence medium
Earle’s reference to “the conversation here,” quoted in the text above, appears to corroborate the Bassos’ testimony. 2 R.C. 2921.02(C), bribery, provides: “No person, with purpose to corrupt a witness or to influence him with respect to his testimony in an official proceeding, either before or after he is subpoenaed or sworn, shall promise, offer, or give any valuable thing or valuable benefit.” 3 R.C. 2921.32, obstructing justice, provides, in part: “(A) No person, with purpose to hinder the discovery, apprehension, prosecution, conviction, or punishment of another for crime, o…
cited Cited "see" State v. Fazenbaker
Ohio Ct. App. · 2019 · signal: see · confidence high
See State v. Bridgeman, 55 Ohio St.2d 261 (1978), syllabus.
discussed Cited "see" State v. Cranford (2×)
Ohio Ct. App. · 2019 · signal: see · confidence high
See State v. Bridgeman, 55 Ohio St.2d 261 , 381 N.E.2d 184 , at syllabus.” {¶22} Applying the same reasoning to Appellant’s case, we begin by pointing out that prior to the start of trial, the court and parties discussed defense motions in limine regarding Appellant’s prior convictions and photographs of the accident scene.
discussed Cited "see" State v. Wynn (2×)
unknown court · 2017 · signal: see · confidence high
See State v. Bridgeman, 55 Ohio St.2d 261 , 381 N.E.2d 184 (1978), syllabus.
examined Cited "see" State v. Harris (6×) also: Cited "see, e.g."
Ohio Ct. App. · 2017 · signal: see · confidence high
See Bridgeman , 55 Ohio St.2d 261 , 381 N.E.2d 184 , at syllabus.
discussed Cited "see" State v. Davenport (2×)
Ohio Ct. App. · 2014 · signal: see · confidence high
See State v. Bridgeman, 55 Ohio St.2d 261 , 381 N.E.2d 184 (1978), syllabus.
discussed Cited "see" State v. Short (2×)
Ohio Ct. App. · 2011 · signal: see · confidence high
See State v. Bridgeman (1978), 55 Ohio St.2d 261 , 381 N.E.2d 184 , syllabus. {¶16} Moreover, after reviewing the entire record, weighing the evidence and all reasonable inferences, and considering the credibility of the witnesses, we cannot conclude that the jury lost its way and created such a manifest miscarriage of justice that we must reverse Short’s convictions and order a new trial.
cited Cited "see" State v. Seabeck
Ohio Ct. App. · 2011 · signal: see · confidence high
See State v. Bridgeman (1978), 55 Ohio St.2d 261 , syllabus.
examined Cited "see" State v. Cedeno (3×)
Ohio Ct. App. · 2011 · signal: see · confidence high
See State v. Bridgeman (1978), 55 Ohio St.2d 261 , 9 O.O.3d 401 , 381 N.E.2d 184 , syllabus. .
examined Cited "see" State v. Ross (6×)
Ohio · 2010 · signal: see · confidence high
See State v. Bridgeman (1978), 55 Ohio St.2d 261, 263 , 9 O.O.3d 401 , 381 N.E.2d 184 (“The federal counterpart of Crim.R. 29(A) is Fed.R.Crim.P. 29”)- The only difference is that motions under the federal rule must be made within seven days after dismissal of the jury and within 14 days under the comparable Ohio rule. . {¶ a} Crim.R. 29 provides: {¶ b} “(A) Motion for judgment of acquittal {¶ e} “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 th…
cited Cited "see" State v. West, Wd-07-002 (1-18-2008)
Ohio Ct. App. · 2008 · signal: see · confidence high
See State v. Bridgeman (1978), 55 Ohio St.2d 261 , 263 .
cited Cited "see" State v. Alvarez, Wd-06-027 (6-22-2007)
Ohio Ct. App. · 2007 · signal: see · confidence high
See State v. Bridgeman (1978), 55 Ohio St.2d 261 , 263 .
discussed Cited "see" State v. Adams, Ca2006-07-160 (5-29-2007)
Ohio Ct. App. · 2007 · signal: see · confidence high
See Miley , 114 Ohio App.3d at 742 , citing Bridgeman , 55 Ohio St.2d at 263 . {¶ 30} Additionally, we reject appellant's argument that the evidence shows that he was merely trying to aid and comfort Ms. Engle during the attempted robbery.
cited Cited "see" State v. Koger, L-05-1265 (5-18-2007)
Ohio Ct. App. · 2007 · signal: see · confidence high
See State v. Bridgeman (1978), 55 Ohio St.2d 261 , 263 .
cited Cited "see" State v. Jones, Unpublished Decision (2-9-2007)
Ohio Ct. App. · 2007 · signal: see · confidence high
See State v. Bridgeman (1978), 55 Ohio St.2d 261 , 263 .
cited Cited "see" State v. Johnson, Unpublished Decision (3-24-2006)
Ohio Ct. App. · 2006 · signal: see · confidence high
See State v. Bridgeman (1978), 55 Ohio St.2d 261 , 263 . {¶ 46} The standard is the same as is used to review a sufficiency of the evidence claim.
discussed Cited "see" In Re Lewis, Unpublished Decision (6-29-2005) (2×)
Ohio Ct. App. · 2005 · signal: see · confidence high
See State v. Bridgeman (1978), 55 Ohio St.2d 261 , 381 N.E.2d 184 , syllabus.
discussed Cited "see" State v. Marshall, Unpublished Decision (6-22-2005) (2×)
Ohio Ct. App. · 2005 · signal: see · confidence high
See State v. Bridgeman (1978), 55 Ohio St.2d 261 , 381 N.E.2d 184 ; State v. Klein, 1st Dist.
discussed Cited "see" State v. Wolf, Unpublished Decision (9-23-2004)
Ohio Ct. App. · 2004 · signal: see · confidence high
See State v. Bridgeman (1978), 55 Ohio St.2d 261 , syllabus. {¶ 4} R.C. 2925.11 (A) states that "[n]o person shall knowingly obtain, possess, or use a controlled substance." R.C. 2925.01 (K) states that "`[p]ossess' or `possession' means having control over a thing or substance, but may not be inferred solely from mere access to the thing or substance through ownership or occupation of the premises upon which the thing or substance is found." Nevertheless, possession of an item can exist without physical contact as long as a person has dominion and control over that item.
cited Cited "see" State v. Williams, Unpublished Decision (7-24-2003)
Ohio Ct. App. · 2003 · signal: see · confidence high
See State v. Bridgeman (1978), 55 Ohio St.2d 261 , syllabus.
examined Cited "see" State v. Cobb (3×)
Ohio Ct. App. · 2003 · signal: see · confidence high
See State v. Bridgeman (1978), 55 Ohio St.2d 261 , 9 O.O.3d 401 , 381 N.E.2d 184 , syllabus; State v. Jenks (1991), 61 Ohio St.3d 259, 273 , 574 N.E.2d 492 . 9 .
discussed Cited "see" State v. Carusone, Unpublished Decision (3-7-2003) (2×)
Ohio Ct. App. · 2003 · signal: see · confidence high
See State v. Bridgeman (1978), 55 Ohio St.2d 261 , 381 N.E.2d 184 .
discussed Cited "see" State v. Hill, Unpublished Decision (12-20-2002) (2×)
Ohio Ct. App. · 2002 · signal: see · confidence high
See State v. Bridgeman (1978), 55 Ohio St.2d 261 , 381 N.E.2d 184 , at the syllabus. {¶ 10} In determining whether a trial court erred by overruling a motion for judgment of acquittal, reviewing courts must focus on the sufficiency of the evidence.
examined Cited "see" State v. Henry (3×)
Ohio Ct. App. · 2002 · signal: see · confidence high
See State v. Bridgeman (1978), 55 Ohio St.2d 261 , 9 O.O.3d 401 , 381 N.E.2d 184 . {¶ 53} In the present case, Henry was convicted of violating R.C. 2907.09(A)(3).
discussed Cited "see" State v. Wesley, Unpublished Decision (8-29-2002)
Ohio Ct. App. · 2002 · signal: see · confidence high
See State v. Bridgeman (1978), 55 Ohio St.2d 261 . {¶ 27} The court did not err by denying the motion for judgment of acquittal because reasonable minds could differ on whether the state presented evidence to establish that Wesley entered the duplex with the intent to commit a criminal offense.
examined Cited "see" State v. Beach (3×)
Ohio Ct. App. · 2002 · signal: see · confidence high
See State v. Bridgeman (1978), 55 Ohio St.2d 261 , 9 O.O.3d 401 , 381 N.E.2d 184 , syllabus. 3 .
discussed Cited "see" State v. Westwood, Unpublished Decision (5-15-2002) (2×)
Ohio Ct. App. · 2002 · signal: see · confidence high
See State v. Bridgeman (1978), 55 Ohio St.2d 261 , 381 N.E.2d 184 , at the syllabus.
discussed Cited "see" State v. McCoy, Unpublished Decision (11-9-2001) (2×)
Ohio Ct. App. · 2001 · signal: see · confidence high
See State v. Bridgeman (1978), 55 Ohio St.2d 261 , 381 N.E.2d 184 .
examined Cited "see" State v. Echols (3×)
Ohio Ct. App. · 2001 · signal: see · confidence high
See State v. Bridgeman (1978), 55 Ohio St.2d 261 , 9 O.O.3d 401 , 381 N.E.2d 184 , syllabus. 2 .
discussed Cited "see" State v. McDonald, Unpublished Decision (8-15-2001) (2×)
Ohio Ct. App. · 2001 · signal: see · confidence high
See State v. Bridgeman (1978), 55 Ohio St.2d 261 , 381 N.E.2d 184 , syllabus.
examined Cited "see" State v. Neeley (3×)
Ohio Ct. App. · 2001 · signal: see · confidence high
See State v. Bridgeman (1978), 55 Ohio St.2d 261 , 9 O.O.3d 401 , 381 N.E.2d 184 , syllabus. 2 .
examined Cited "see" State v. Melton (3×)
Ohio Ct. App. · 2001 · signal: see · confidence high
See State v. Bridgeman (1978), 55 Ohio St.2d 261 , 9 O.O.3d 401 , 381 N.E.2d 184 , syllabus. 10 .
The State of Ohio
v.
Bridgeman
No. 77-975.
Ohio Supreme Court.
Sep 27, 1978.
381 N.E.2d 184
Mr. John T. Corrigan, prosecuting attorney, and Mr. James J. Sweeney, for appellee., Mr. Thomas M. Shaughnessy, for appellant.
Brown, Celebrezze, Herbert, Leach, Locher, Sweeney.
Cited by 1,351 opinions  |  Published
William B. Brown, J.

Appellant raises four propositions of law in the instant cause. Of those propositions, one challenges the trial court’s failure to grant appellant’s motions for acquittal and three challenge the scope of inquiry allowed by the mitigating factors listed in R. C. 2929.04 and the procedure by which mitigation is considered under R. C. 2929.03 and 2929.04.

I.

In his first proposition of law appellant contends that the trial court erred in denying appellant’s Crim. R. 29(A) motions for acquittal. It has long been established law in Ohio that a question is one for determination by the jury when “reasonable minds can reach different conclusions as to whether each material element of a crime has been proved beyond a reasonable doubt * * State v. Swiger (1966), 5 Ohio St. 2d 151, paragraph two of the syllabus; State v. Antill (1964), 176 Ohio St. 61, paragraph five of the syllabus. We do not agree with appellant that the adoption of Crim. R. 29(A) changes that standard.

Crim. R. 29 provides, in pertinent part:

“(A) 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 insufficient to sustain a conviction of such offense or offenses.”

The federal counterpart of Crim. R. 29(A) is Fed. R. Crim. P. 29. An issue will be presented to the jury, under the federal rule, if the evidence, viewed in the light most favorable to the government, is such that “a reasonable mind might fairly find guilt beyond a reasonable doubt,” and an issue will not be presented to the jury only if the evidence is such that “there must be some doubt [as to guilt] in a reasonable mind * * (Emphasis added.) See United States v. Cotton (C. A. 6,[*264] 1970), 426 F. 2d 939, 942, and the cases cited therein. The standard for sending a question to the jury under Fed. R. Crim. P. 29 and under Swiger and Antill are the same. (If reasonable minds can reach different conclusions as to whether each element of a crime has been proved beyond a reasonable doubt, they clearly might find guilt.) Crim. R. 29(A) and Fed. R. Crim. P. 29 are virtually identical.[1] Therefore, the adoption of Crim. R. 29(A) does not alter the Swiger standard for sending an issue to the jury.

Moreover, the evidence against appellant was not so slight or of so little probative value that reasonable minds must have had reasonable doubts as to appellant’s guilt. The prosecution’s eyewitness testified that he saw the appellant throw “pop” in the victim’s face, hit him with a stick, try to pull the briefcase from him and finally flee with Jackson and the briefcase after Jackson shot Franks twice and Mrs. Robinson once. The prosecution also introduced evidence tending to corroborate the eyewitness’ statement that he knew the appellant and Jackson by sight and that he was in a position to see the crime when it took place. In addition, the eyewitness’ general description of the assailant’s clothing was at least partially corroborated by Mrs. Robinson; his testimony concerning the crime was consistent, even on cross-examination, on all important details; and the reasons the eyewitness gave for his initial reluctance to name the assailants was corroborated by the store proprietor and the police. In view of the considerable evidence[2] presented against the appellant by the prosecution, we find[*265] that the trial court did not err when it denied appellant’s motion for a directed acquittal. Appellant’s first proposition of law is, therefore, overruled.

n.

Appellant also challenges Ohio’s scheme for determining the existence of mitigating factors pursuant to R. C. 2929.03 and 2929.04. In Lockett v. Ohio (1978), U. S. , 57 L. Ed. 2d 973, and Bell v. Ohio (1978), U. S. , 57 L. Ed. 2d 1010, the United States Supreme Court held that R. C. 2929.04(B) unconstitutionally limits the range of mitigating circumstances which may be considered by a sentencing court. In accordance with that holding this court has previously modified the judgment of the Court of Appeals by reducing appellant’s sentence to life imprisonment. In light of our reduction of appellant’s sentence, we find it unnecessary to address his final three propositions of law.

The judgment of the Court of Appeals with respect to the conviction of appellant is affirmed.

Judgment accordingly.

Herbert, Celebrezze, P. Brown, Sweeney and Locher, JJ., concur. Leach, C. J., not participating.
1

Fed. R. Crim. P. 29(a) provides, in pertinent part:

“The court on motion of a defendant or of its own motion shall order the entry of judgment of acquittal of one or more offenses charged in the indictment or information after the evidence on either side is closed if the evidence is insufficient to sustain a conviction of such offense or- offenses.”

2

Appellant also contends that “it is quite apparent from the record that the verdict of ‘guilty’ to the charges in the indictment were against the manifest weight of the evidence.” In view of the eyewitness identification of appellant as one of the assailants and the evidence corroborating that testimony, we disagree.