Ohio Revised Code

Ohio Rev. Code § 2937.05 (2026)

Discharge of defendant - amendment of complaint

✓ laws through the 2026 session (checked Sept. 2026)

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Effective:

January 1, 1960

Latest Legislation:

Senate Bill 73 - 103rd General Assembly

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If the motion pursuant to section 2937.04 of the Revised Code be sustained, accused shall be discharged unless the court or magistrate finds that the defect can be corrected without changing the nature of the charge, in which case he may order the complaint amended or a proper affidavit filed forthwith and require the accused to plead thereto. The discharge of accused upon the sustaining of a motion to dismiss shall not be considered a bar to further prosecution either of felony or misdemeanor.

Notes of Decisions

Cited in 4 cases, 1960–2018 · leading case: State v. Goodman, 221 N.E.2d 202 (Ohio Ct. App. 7th Dist. 1966).

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State v. Goodman, 221 N.E.2d 202 (Ohio Ct. App. 7th Dist. 1966). · cites it 2× “If the trial court had sustained defendant’s demurrer, it could have permitted the filing of the amended affidavit pursuant to Section 2937.05, Revised Code. Defendant’s third and fourth assignments of error contend *172 that the conviction of defendant is against the weight of…”

City of Columbus v. Nappi, 214 N.E.2d 83 (Ohio 1966). · cites it 2× “In line with the statements in the annotation and cases referred to, we note that the Ohio Legislature in Section 2937.05, 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…”

State v. Carney, 177 N.E.2d 799 (Ohio Ct. App. 1960). · cites it 2× “, Present Section 2937.05, Revised Code (128 Ohio Laws, 97, 104), provides when and how an affidavit or complaint may be amended.”

State v. Henderson, 2018-Ohio-1565. “04 [and] R.C. 2937.05.” (Emphasis deleted.) But, in the first sentence, he changes the “or” to “and/or” stating that he was moving the court “to ‘dismiss’ and/or to ‘amend’ his criminal charges.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.