State v. Wolfe, 2017 Ohio 1326

Defendant Donald C. Wolfe was charged with abandoning animals (R.C. 959.01) and companion animal cruelty (R.C. 959.131) after a pit-bull puppy was found tied in a plastic bag behind a Dollar General and taken to a veterinarian in critical condition.
Co-defendant (Wolfe's wife) gave statements that a random man took the puppy in a bag; she acknowledged the bag could bear her fingerprints.
Humane Agent Paula Evans obtained a voluntary surrender form from Wolfe, which he signed as “Owner or Representative.”
At trial the jury convicted both defendants of abandoning animals but acquitted them on the companion-animal cruelty counts.
Trial court sentenced Wolfe to 60 days in jail, a $250 fine, and costs; Wolfe appealed, arguing the conviction was against the sufficiency and manifest weight of the evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the evidence was sufficient and the verdict not against the manifest weight to support an abandoning-animals conviction	The State: evidence (puppy left in tied bag, veterinarian’s testimony, Wolfe’s signed surrender and statements) permits a rational jury to find abandonment beyond a reasonable doubt	Wolfe: State failed to prove the found puppy was the same animal discussed, failed to prove Wolfe was the owner/keeper, and failed to prove affirmative intent to abandon	Court: Affirmed — viewing evidence in the light most favorable to prosecution, competent evidence supported the elements of abandonment and the verdict was not against sufficiency or manifest weight

Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for constitutional sufficiency review)
McDaniel v. Brown, 558 U.S. 120 (U.S. 2010) (reaffirming Jackson sufficiency standard)
Thompkins v. Ohio, 78 Ohio St.3d 380 (Ohio 1997) (explaining manifest-weight review as the appellate court acting as a "thirteenth juror")
Tibbs v. Florida, 457 U.S. 31 (U.S. 1982) (discussing appellate weight-of-evidence review)
Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77 (Ohio 1984) (presumption in favor of trial court findings on review)
Kiser v. Board of Commrs, 85 Ohio St. 129 (Ohio 1911) (abandonment requires affirmative proof of intent to discard)
Eastley v. Volkman, 132 Ohio St.3d 328 (Ohio 2012) (every reasonable intendment/presumption must favor the judgment in manifest-weight review)
State v. DeHass, 10 Ohio St.2d 230 (Ohio 1967) (trial court best positioned to judge witness credibility)
State v. Walker, 55 Ohio St.2d 208 (Ohio 1978) (appellate court will not disturb a jury verdict supported by competent evidence)