State v. Patel

In State v. Patel, 7th Dist. No. 03 BE 41, 2004 Ohio 1553, the court reversed the trial court's conviction because the caller's intention, although conveyed in a profane and vulgar way, was not to harass but to advise his employee that he could continue to work for him if he stopped bothering the other employees. Further, the court found the victim's testimony not credible. Thus, under a manifest weight of the evidence standard and argument, the court reversed, finding the intent of the caller was not to harass or threaten, but rather the caller had a legitimate purpose in calling the "victim." Id. at P46-48.