Felony conviction for spitting upheld on technical grounds

The Ohio Supreme Court upheld the felony conviction of an HIV-positive man who spat in the face of a police officer. The prosecution contended that in 1993, Jimmy Bird used saliva as a weapon against a police officer who had Bird in custody on a charge of disorderly conduct. Bird pleaded no contest to one count of felonious assault and was sentenced to a term of 3 to 15 years in prison. On appeal, Bird sought to have his conviction overturned based on the lack of medical evidence that HIV can be transmitted by saliva. A State appeals court ruled against Bird in 1996, and the Supreme Court upheld the ruling.