Ohio Rev. Code » Chapter 2941
Ohio Revised Code

Ohio Rev. Code § 2941.59 (2026)

Waiver of defects which may be excepted to

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Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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The accused waives all defects which may be expected to by a motion to quash or a plea in abatement, by demurring to an indictment, or by pleading in bar or the general issue.
Notes of Decisions
Cited in 8 cases, 1960–1995 · leading case: State v. Wilson, 652 N.E.2d 196 (Ohio 1995).
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State v. Wilson, 652 N.E.2d 196 (Ohio 1995). “13625, the predecessor to R.C. 2941.59, 5 which has been superseded by Crim.”
State v. Wilson, 73 Ohio St. 3d 40 (1995). “13625, the predecessor to R.C. 2941.59,5 which has been superseded by Crim.”
State v. Johnson, 201 N.E.2d 791 (Ohio Ct. App. 1963). · cites it 2× “Section 2941.59, Revised Code. The second assignment of error is that ownership was not proved.”
State v. Johnson, 655 N.E.2d 208 (Ohio Ct. App. 11th Dist. 1995). “We also recognize that, pursuant to R.C. 2941.59, an accused waives all defects by pleading to an offense without objection.”
State v. Gundlach, 174 N.E.2d 267 (Ohio Ct. App. 1960). · cites it 2× “’ ’ Section 2941.59, Revised Code: “The accused waives all defects which may be excepted to by motion to quash or a plea in abatement, by demurring to an indictment, or by pleading in bar or the general issue.”
City of Cleveland v. Ely, 174 Ohio St. (N.S.) 403 (Ohio 1963). · cites it 4× “) Section 2941.59, Revised Code. This rule is followed in the second paragraph of the syllabus in State v.”
State v. Wozniak, 172 Ohio St. (N.S.) 517 (Ohio 1961). · cites it 2× “) *522 There is no statute with respect to waiver of defects which may he excepted to by demurrer comparable to Section 2941.59, Revised Code, relative to waiver of defects which may be excepted to by a motion to quash or a plea in abatement.”
Dean v. Maxwell, 174 Ohio St. (N.S.) 193 (Ohio 1963). · cites it 2× “Section 2941.59, Revised Code, provides: “The accused waives all defects which may be excepted to by a motion to quash or a plea in abatement, by demurring to an indictment, or by pleading in bar or the general issue.”
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