Ohio Rev. Code » Chapter 2941
Ohio Revised Code

Ohio Rev. Code § 2941.57 (2026)

Demurrer

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Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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The accused may demur:

(A) When the facts stated in the indictment do not constitute an offense punishable by the laws of this state;

(B) When the intent is not alleged and proof thereof is necessary to make out the offense charged;

(C) When it appears on the face of the indictment that the offense charged is not within the jurisdiction of the court.
Notes of Decisions
Cited in 7 cases, 1954–2019 · leading case: City of Toledo v. Kohlhofer, 122 N.E.2d 20 (Ohio Ct. App. 1954).
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City of Toledo v. Kohlhofer, 122 N.E.2d 20 (Ohio Ct. App. 1954). · cites it 4× “Section 13439-9, General Code (Section 2941.57, Revised .Code). It is said that the view is taken in some cases that a criminal intent is not a necessary element of offenses which are merely malum prohibitum or of prohibitive statutes which cover misdemeanors in aid of the…”
Dayton v. Galluzzo, 2014-Ohio-4854. · cites it 2× “In that case, as in this one, Galluzzo relied on R.C. 2941.57 and R.C. 2941.62, and the prosecution argued that common law demurrer had been abolished by Crim.”
State v. Ross, 231 N.E.2d 299 (Ohio 1967). · cites it 2× “Section 2941.57, Revised Code, provides that: “The accused may demur: 11* * * “(B) When the intent is not alleged and proof thereof is necessary to make out the offense charged * * *.”
Vill. of St. Paris v. Galluzzo, 2014-Ohio-3260. “In support, he cites R.C. 2941.57, which permits demurrers to indictments, and R.”
State v. Gundlach, 174 N.E.2d 267 (Ohio Ct. App. 1960). · cites it 2× “’ ’ Section 2941.57, Revised Code: ‘ ‘ The accused may demur: “(A) When the facts stated in the indictment do not constitute an offense punishable by the laws of this state; “(B) When the intent is not alleged and proof thereof is necessary to make out the offense charged; “(C)…”
State v. Galluzzo, 2019-Ohio-2999. · cites it 2× “In support of this claim, Galluzzo relies on R.C. 2941.57, which permits demurrers to indictments, and R.”
State v. Wozniak, 172 Ohio St. (N.S.) 517 (Ohio 1961). · cites it 2× “Furthermore, Section 2941.57 provides in part: “The accused may demur: “ (A) When the facts stated in the indictment do not constitute an offense # # “(B) When the intent is not alleged and proof thereof is necessary to make out the offense charged * * (Emphasis added.”
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.