In an indictment or information charging an offense, each count shall contain, and is sufficient if it contains in substance, a statement that the accused has committed some public offense therein specified. Such statement may be made in ordinary and concise language without any technical averments or any allegations not essential to be proved. It may be in the words of the section of the Revised Code describing the offense or declaring the matter charged to be a public offense, or in any words sufficient to give the accused notice of the offense of which he is charged.
Notes of Decisions
Cited in 52
cases (4 in the last 5 years), 1954–2025 · leading case: State v. Sellards, 478 N.E.2d 781 (Ohio 1985).
State v. Sellards, 478 N.E.2d 781 (Ohio 1985). · cites it 2דPursuant to R.C. 2941.05, an indictment generally is sufficient if it contains, in substance, a statement that the accused has committed some *171 public offense therein specified.”
State v. Billman, 2013 Ohio 5774 (Ohio Ct. App. 2013). · cites it 2ד{¶22} In addition to parts (B) and (C), part (K) of the same section is a catch- all provision which states that the validity of the indictment is not altered by “other defects or imperfections which do not tend to prejudice the substantial rights of the defendant upon the…”
State v. Kidder, 513 N.E.2d 311 (Ohio 1987). “Sixth Amendment to the United States Constitution; Section 10, Article I of the Ohio Constitution; R.C. 2941.05; Crim. R. 7; State v. Schaeffer (1917), 96 Ohio St.”
State v. Blankenburg, 966 N.E.2d 958 (Ohio Ct. App. 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. Brown, 651 N.E.2d 470 (Ohio Ct. App. 1994). · cites it 3דSee R.C. 2941.05. It is in the implementation of the bill of particulars, under R.”
State v. Smelcer, 623 N.E.2d 1219 (Ohio Ct. App. 1993). · cites it 2ד” R.C. 2941.05. In this case, the victim was Smelcer’s son, Donnie Jr.”
State v. Kamer, 2022 Ohio 2070 (Ohio Ct. App. 2022). “Although the charges do not specify the sex acts that each charge is based on, the nature of the sex acts that the state charged Kamer with committing had no bearing on the identity or degree of the offenses—and thus were not essential elements of the crimes—so the state was not…”
State v. O'Brien, 508 N.E.2d 144 (Ohio 1987). “Ross, supra, a preCriminal Rules case, wherein a similar result was obtained through interpretation of R.C. 2941.05, the predecessor statute to Crim.”
State v. Ross, 231 N.E.2d 299 (Ohio 1967). · cites it 4דThe appellant contends that an indictment need only follow the words of the statute to be sufficient, and it cites Section 2941.05, Revised Code. This section provides that an indictment “may be in words of the section of the Revised Code describing the offense or declaring the…”
State v. Barnhart, 2010 Ohio 3282 (Ohio Ct. App. 2010). ““Pursuant to R.C. 2941.05, an indictment generally is sufficient if it contains, in substance, a statement that the accused has committed some public offense therein specified.”
State v. Jester, 512 N.E.2d 962 (Ohio 1987). “” See, also, R.C. 2941.05 and 2941.08. Crim. R. 7 mirrors general Ohio case law.”
State v. Lawrinson, 551 N.E.2d 1261 (Ohio 1990). “It is understood that an indictment or information is not per se invalid when dates and times are not included if such information is not material to the conduct charged or necessary to the defendant in preparation of a defense, see R.C. 2941.05; State v. Wilson (1972), 29 Ohio…”
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.