Ohio Rev. Code » Chapter 2941
Ohio Revised Code

Ohio Rev. Code § 2941.35 (2026)

Misdemeanor prosecutions

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Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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Prosecutions for misdemeanors may be instituted by a prosecuting attorney by affidavit or such other method as is provided by law in such courts as have original jurisdiction in misdemeanors. Laws as to form, sufficiency, amendments, objections, and exceptions to indictments and as to the service thereof apply to such affidavits and warrants issued thereon.
Notes of Decisions
Cited in 8 cases, 1954–2010 · leading case: City of Cleveland v. Washington Mut. Bank, 2010-Ohio-2219, 929 N.E.2d 1039.
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City of Cleveland v. Washington Mut. Bank, 2010-Ohio-2219, 929 N.E.2d 1039. · cites it 18× “12 and Crim.R. 43 apply or whether R.C. 2941.47 is conclusive.”
Johnida W. Barnes v. Byron R. Winchell, 105 F.3d 1111 (6th Cir. 1997). “Under Ohio law, a complaint may be amended by the court “at any time before, during, or after a trial” to correct “any defect, imperfection, or omission in form or substance, or of any variance with the evidence, provided no change is made in the name or identity of the crime…”
State v. Jackson, 190 N.E.2d 38 (Ohio Ct. App. 10th Dist. 1960). · cites it 4× “” Section 2941.35, Revised Code, would appear to make of Section 2941.”
State v. Walker, 252 N.E.2d 646 (Ohio Ct. App. 10th Dist. 1969). · cites it 3× “Although the language has been somewhat altered, the provisions of Section 13437-34, General Code, are substantially the same in Section 2941.35 of the Revised Code. When this section is read with Section 2941.”
State v. Whitt, 210 N.E.2d 279 (Ohio Ct. App. 1964). · cites it 2× “” Subsequent to that decision, what is now Section 2941.35, Eevised Code, was enacted in 1929, making the laws as to form and sufficiency of indictments applicable to affidavits and warrants thereon in misdemeanor cases.”
City of Lima v. Ward, 220 N.E.2d 843 (Ohio Ct. App. 1966). · cites it 4× “Section 2941.35, Nevised Code. In 1842, in the case of Lamberton v.”
State v. Gundlach, 174 N.E.2d 267 (Ohio Ct. App. 1960). · cites it 2× “Section 2941.35, Revised Code. It does not, however, apply to an affidavit which as drawn is not sufficient to charge an offense.”
State v. Raley, 136 N.E.2d 295 (Ohio Ct. App. 1st Dist. 1954). · cites it 2× “By Section 2941.35, Revised Code, misdemeanors may be prosecuted on information sworn to by the prosecuting attorney, but that is permissive, and the prosecution may be instituted by indictment.”
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