Ohio Rev. Code » Chapter 2941
Ohio Revised Code

Ohio Rev. Code § 2941.08 (2026)

Defects which do not affect validity of indictment or information

✓ current as of May 2026
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Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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An indictment or information is not made invalid, and the trial, judgment, or other proceedings stayed, arrested, or affected:

(A) By the omission of "with force and arms," or words of similar import, or "as appears by the record";

(B) For omitting to state the time at which the offense was committed, in a case in which time is not of the essence of the offense;

(C) For stating the time imperfectly;

(D) For stating imperfectly the means by which the offense was committed except insofar as means is an element of the offense;

(E) For want of a statement of the value or price of a matter or thing, or the amount of damages or injury, where the value or price or the amount of damages or injury is not of the essence of the offense, and in such case it is sufficient to aver that the value or price of the property is less than, equals, or exceeds the certain value or price which determines the offense or grade thereof;

(F) For the want of an allegation of the time or place of a material fact when the time and place have been once stated therein;

(G) Because dates and numbers are represented by figures;

(H) For an omission to allege that the grand jurors were impaneled, sworn, or charged;

(I) For surplusage or repugnant allegations when there is sufficient matter alleged to indicate the crime and person charged;

(J) For want of averment of matter not necessary to be proved;

(K) For other defects or imperfections which do not tend to prejudice the substantial rights of the defendant upon the merits.
Notes of Decisions
Cited in 46 cases (6 in the last 5 years), 1956–2025 · leading case: State v. Jackson (Slip Opinion), 2014 Ohio 3707 (Ohio 2014).
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State v. Jackson (Slip Opinion), 2014 Ohio 3707 (Ohio 2014). · cites it 8× “of Stanley Bentley) of the 42- count indictment then states: “The Jurors of the Grand Jury of the State of Ohio, within and for the body of the County aforesaid, on their oaths, IN THE NAME AND BY THE AUTHORITY OF THE STATE OF OHIO, do find and present, that the above named…”
State v. Billman, 2013 Ohio 5774 (Ohio Ct. App. 2013). · cites it 4× “Section 2941.08 lists ten types of defects that do not affect the validity of the indictment; these include “omitting to state the time at which the offense was committed, in a case in which time is not of the essence of the offense,” and “stating the time imperfectly.”
State v. Blankenburg, 966 N.E.2d 958 (Ohio Ct. App. 2012). · cites it 2× “R.C. 2941.08(B) and (C). Other defects in the indictment do not render it invalid if they “do not tend to prejudice the substantial rights of the defendant upon the merits.”
State v. Gingell, 455 N.E.2d 1066 (Ohio Ct. App. 1982). · cites it 2× “7(B) nor R.C. 2941.08(B) mandates that precise time averments be contained in an indictment, the failure to provide such exactitude under the instant facts deprived him of his constitutional rights to due process of law under the Sixth and Fourteenth Amendments to the United…”
State v. Williams, 557 N.E.2d 818 (Ohio Ct. App. 1988). · cites it 3× “7215 (predecessor of R.C. 2941.08[F]) because the time or place was not stated once in the indictment.”
State v. Sellards, 478 N.E.2d 781 (Ohio 1985). “It is also provided, in R.C. 2941.08, that “[a]n indictment or information is not made invalid, and the trial, judgment, or other proceedings stayed, arrested or affected: * * * (C) For stating the time imperfectly; * * *” Case law is in accord.”
State v. Madden, 472 N.E.2d 1126 (Ohio Ct. App. 1984). · cites it 2× “The trial court determined that the exact or specific time of the offense was not an essential element which the state needed to prove and permitted the indictment to be amended in order to conform to the evidence.”
State v. Ketchum, 2021 Ohio 1583 (Ohio Ct. App. 2021). · cites it 2× “” It is undisputed that the state imperfectly stated the time frame in the original indictment, but neither R.”
State v. Ambrosia, 587 N.E.2d 892 (Ohio Ct. App. 1990). · cites it 2× “R.C. 2941.08(B) and (C). Other defects in the indictment do not render it invalid where there was no prejudice to the defendant.”
State v. Stepp, 690 N.E.2d 1342 (Ohio Ct. App. 1997). “7(B) and (E); R.C. 2941.08(B) and (C); State v. Lawrinson (1990), 49 Ohio St.”
State v. Miller, 2018 Ohio 3430 (Ohio Ct. App. 2018). “2d 781 , 784 (1985), citing R.C. 2941.08(C). The indictment need not demonstrate the underlying facts that are not elements as this is the function of the bill of particulars.”
State v. Phillips, 600 N.E.2d 825 (Ohio Ct. App. 1991). “R.C. 2941.08(K). The indictment contained the elements of the crimes as set out in R.”
Show all 46 citing cases →
— Ohio Rev. Code § 2941.08(B) — 14 cases
State v. Gingell, 455 N.E.2d 1066 (Ohio Ct. App. 1982). “7(B) nor R.C. 2941.08(B) mandates that precise time averments be contained in an indictment, the failure to provide such exactitude under the instant facts deprived him of his constitutional rights to due process of law under the Sixth and Fourteenth Amendments to the United…”
State v. Madden, 472 N.E.2d 1126 (Ohio Ct. App. 1984). “The trial court determined that the exact or specific time of the offense was not an essential element which the state needed to prove and permitted the indictment to be amended in order to conform to the evidence.”
State v. Blankenburg, 966 N.E.2d 958 (Ohio Ct. App. 2012). “R.C. 2941.08(B) and (C). Other defects in the indictment do not render it invalid if they “do not tend to prejudice the substantial rights of the defendant upon the merits.”
State v. Billman, 2013 Ohio 5774 (Ohio Ct. App. 2013). “Section 2941.08 lists ten types of defects that do not affect the validity of the indictment; these include “omitting to state the time at which the offense was committed, in a case in which time is not of the essence of the offense,” and “stating the time imperfectly.”
State v. Stepp, 690 N.E.2d 1342 (Ohio Ct. App. 1997). “7(B) and (E); R.C. 2941.08(B) and (C); State v. Lawrinson (1990), 49 Ohio St.”
— Ohio Rev. Code § 2941.08(C) — 6 cases
State v. Miller, 2018 Ohio 3430 (Ohio Ct. App. 2018). “2d 781 , 784 (1985), citing R.C. 2941.08(C). The indictment need not demonstrate the underlying facts that are not elements as this is the function of the bill of particulars.”
State v. Word, 2019 Ohio 1733 (Ohio Ct. App. 2019).
State v. Leonard, 2024 Ohio 2817 (Ohio Ct. App. 2024).
State v. DeWitt, 2010 Ohio 4777 (Ohio Ct. App. 2010).
State v. Cayavec, 2020 Ohio 3610 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 2941.08(E) — 2 cases
State v. Blankenburg, 966 N.E.2d 958 (Ohio Ct. App. 2012). “R.C. 2941.08(B) and (C). Other defects in the indictment do not render it invalid if they “do not tend to prejudice the substantial rights of the defendant upon the merits.”
State v. Nelms, 2020 Ohio 6845 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 2941.08(F) — 4 cases
State v. Jackson (Slip Opinion), 2014 Ohio 3707 (Ohio 2014). “of Stanley Bentley) of the 42- count indictment then states: “The Jurors of the Grand Jury of the State of Ohio, within and for the body of the County aforesaid, on their oaths, IN THE NAME AND BY THE AUTHORITY OF THE STATE OF OHIO, do find and present, that the above named…”
State v. Williams, 557 N.E.2d 818 (Ohio Ct. App. 1988). “7215 (predecessor of R.C. 2941.08[F]) because the time or place was not stated once in the indictment.”
State v. Weber, 2013 Ohio 3172 (Ohio Ct. App. 2013).
State v. White, 2011 Ohio 4089 (Ohio Ct. App. 2011).
— Ohio Rev. Code § 2941.08(I) — 2 cases
State v. Pence, 2024 Ohio 3067 (Ohio Ct. App. 2024).
State v. Miller, 2019 Ohio 4239 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 2941.08(J) — 1 case
State v. Holloway, 2024 Ohio 3189 (Ohio Ct. App. 2024).
— Ohio Rev. Code § 2941.08(K) — 7 cases
State v. Billman, 2013 Ohio 5774 (Ohio Ct. App. 2013). “Section 2941.08 lists ten types of defects that do not affect the validity of the indictment; these include “omitting to state the time at which the offense was committed, in a case in which time is not of the essence of the offense,” and “stating the time imperfectly.”
State v. Phillips, 600 N.E.2d 825 (Ohio Ct. App. 1991). “R.C. 2941.08(K). The indictment contained the elements of the crimes as set out in R.”
State v. Ambrosia, 587 N.E.2d 892 (Ohio Ct. App. 1990). “R.C. 2941.08(B) and (C). Other defects in the indictment do not render it invalid where there was no prejudice to the defendant.”
State v. Toliver, 2019 Ohio 3669 (Ohio Ct. App. 2019).
State v. Johnson, 655 N.E.2d 208 (Ohio Ct. App. 1995).
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