If accused does not desire counsel or, having engaged counsel, appears at the end of granted continuance, he may then raise, by motion to dismiss the affidavit or complaint, any exception thereto which could be asserted against an indictment or information by motion to quash, plea in abatement, or demurrer. Such motion may be made orally and ruled upon by the court or magistrate at the time of presentation, with minute of motion and ruling made in the journal (if a court of record) or on the docket (if a court not of record) or such motion may be presented in writing and set down for argument at later time. Where the motion attacks a defect in the record by facts extrinsic thereto, proof may be offered by testimony or affidavit.
Notes of Decisions
Cited in 11
cases (1 in the last 5 years), 1962–2023 · leading case: State v. Holbert, 311 N.E.2d 22 (Ohio 1974).
State v. Holbert, 311 N.E.2d 22 (Ohio 1974). · cites it 4דThose sections read, as follows: Section 2937.04. Motion for dismissal. “If accused does not desire counsel or, having engaged counsel, appears at the end of granted continuance, he may then raise, by motion to dismiss the affidavit or complaint, any exception thereto which…”
City of Euclid v. Heaton, 238 N.E.2d 790 (Ohio 1968). · cites it 2ד, a ruling on a motion to dismiss which is regarded by Section 2937.04, Revised Code, as the equivalent of a “motion to quash, plea in abatement or demurrer”), the General Assembly in Section 2945.”
Vill. of St. Paris v. Galluzzo, 2014-Ohio-3260. “In any event, demurrers “were previously abolished in 5 misdemeanor cases by R.C. 2937.04, and exceptions to the complaint that could have been made thereunder were consolidated into a motion to dismiss the complaint.”
Dayton v. Galluzzo, 2014-Ohio-4854. “In any event, demurrers “were previously abolished in misdemeanor cases by R.C. 2937.04, and exceptions to the complaint that could have been made thereunder were consolidated into a motion to dismiss the complaint.”
City of Columbus v. Nappi, 214 N.E.2d 83 (Ohio 1966). · cites it 2ד05, Revised Code, in an instance where a discharge of the accused takes place in connection with a dismissal of the affidavit or complaint on motion provided for in Section 2937.04, Revised Code, felt the need to state affirmatively that such a discharge should not be considered…”
City of Willoughby v. Hugebeck, 206 N.E.2d 234 (Ohio Ct. App. 1964). · cites it 2דSince there is no such thing as an oral demurrer, this must have been treated as the statutory oral motion to dismiss authorized by Section 2937.04, Eevised Code, which is also the statutory substitute, in minor courts, for the motion to quash.”
State v. Seta, 242 N.E.2d 349 (Ohio Ct. App. 1st Dist. 1968). · cites it 2ד” In the case at bar, defendant’s motion was filed pursuant to Section 2937.04 of the Revised Code, which provides, in part: “ * * * accused * * * may then raise, by motion to dismiss the affidavit or complaint, any exception thereto which could be asserted against an indictment…”
State v. Henderson, 2018-Ohio-1565. · cites it 3דHenderson moved to “Dismiss or Amend [the] Charges pursuant to R.C. 2937.04 [and] 2937.05.”1 (Emphasis deleted.”
Carsey v. City of Mansfield, 310 N.E.2d 263 (Ohio Ct. App. 1973). · cites it 8דWe hold this objection to be one which “could have been taken advantage of by motion pursuant to Section 2937.04 of the Eevised Code,” and was waived by the entry of either the plea of “once in jeopardy” or “not guilty.”
Vill. of Gahanna v. Amburgey, 187 N.E.2d 396 (Ohio Ct. App. 1962). · cites it 2דSection 2937.04, Revised Code. He refused to plead to the affidavit.”
State v. Andreano, 2023-Ohio-231. · cites it 2ד{¶25} Forfeiture of bail is governed by R.C. §2937.”
Ohio Rev. Code § 2937.04(A)(2): 1 case
State v. Andreano, 2023-Ohio-231. “{¶25} Forfeiture of bail is governed by R.C. §2937.”
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