An indictment or information may charge two or more different offenses connected together in their commission, or different statements of the same offense, or two or more different offenses of the same class of crimes or offenses, under separate counts, and if two or more indictments or informations are filed in such cases the court may order them to be consolidated.
The prosecution is not required to elect between the different offenses or counts set forth in the indictment or information, but the defendant may be convicted of any number of the offenses charged, and each offense upon which the defendant is convicted must be stated in the verdict. The court in the interest of justice and for good cause shown, may order different offenses or counts set forth in the indictment or information tried separately or divided into two or more groups and each of said groups tried separately. A verdict of acquittal of one or more counts is not an acquittal of any other count.
Notes of Decisions
Cited in 28
cases (2 in the last 5 years), 1960–2025 · leading case: State v. Billman, 2013-Ohio-5774.
State v. Billman, 2013-Ohio-5774. · cites it 3דBoth R.C. 2941.04 (“[t]wo or more offenses in one indictment”) and R.”
State v. Strobel, 554 N.E.2d 916 (Ohio Ct. App. 3d Dist. 1988). · cites it 3ד) Likewise, R.C. 2941.04 provides in pertinent part: “An indictment or information may charge two or more different offenses connected together in their commission, or different statements of the same offense, or two or more different offenses of the same class of crimes or…”
State v. Carpenter, 2019-Ohio-58, 128 N.E.3d 857. “See also R.C. 2941.04. {¶77} "Where joinder is not appropriate under Crim.”
State v. Craig (Slip Opinion), 2020-Ohio-455, 151 N.E.3d 574. “8(A); see also R.C. 2941.04. Thus, multiple counts in a single indictment will necessarily share a common fact pattern.”
State v. Kennedy, 2013-Ohio-4221. · cites it 2דLike R.C. 2941.04, Crim.R. 8 attempts to set the limits of permissible joinder.”
State v. Blankenburg, 966 N.E.2d 958 (Ohio Ct. App. 12th Dist. 2012). “04 states that an indictment “may charge two or more different offenses connected together in their commission, or different statements of the same offense, or two or more different offenses of the same class of crimes or offenses, under separate counts, and if two or more…”
State v. Atkinson, 211 N.E.2d 665 (Ohio 1965). · cites it 8דSection 2941.04 of the Revised Code, in part, sets out in clear and unambiguous language the limitations upon the charging of two or more different offenses in an indictment, as follows : “An indictment or information may charge two or more different offenses connected together…”
State v. Hoop, 731 N.E.2d 1177 (Ohio Ct. App. 12th Dist. 1999). · cites it 2דR.C. 2941.04 states: “An indictment or information may charge two or more different offenses connected together in their commission, or different statements of the same offense, or two or more different offenses of the same class of crimes or offenses, under separate counts * *…”
State v. Williams, 440 N.E.2d 65 (Ohio Ct. App. 10th Dist. 1981). · cites it 2דR.C. 2941.04 provides, in pertinent part, that: “An indictment * * * may charge two or more different offenses * * * of the same class of crimes or offenses, under separate counts * * * “* * * The court in the interest of justice and for good cause shown, may order different…”
State v. Echols, 2015-Ohio-5138. “This rule provides, [t]wo or more offenses may be charged in the same indictment, information or complaint in a separate count for each offense if the offenses charged, whether felonies or misdemeanors or both, are of the same or similar character, or are based on the same act…”
State v. Burns, 2020-Ohio-3966. “8, 12(C)(5), and 14, and R.C. 2941.04. Defense counsel’s motion additionally requested that Counts 37-43 be dismissed under R.”
State v. Benedict, 2022-Ohio-3600, 198 N.E.3d 979. “8(A); See also R.C. 2941.04. “Where joinder is not appropriate under Crim.”
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