Ohio Rev. Code » Chapter 2943
Ohio Revised Code

Ohio Rev. Code § 2943.06 (2026)

Trial of issue on plea of former conviction

✓ current as of May 2026
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Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
PDF:
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If a defendant pleads a judgment of conviction, acquittal, or former jeopardy, the prosecuting attorney may reply that there is no such conviction, acquittal, or jeopardy. The issue thus made shall be tried to a jury, and on such trial the defendant must produce the record of such conviction, acquittal, or jeopardy, and prove that he is the person charged in such record, and he may also introduce other evidence to establish the identity of such offense. If the prosecuting attorney demurs to said plea and said demurrer is overruled, the prosecuting attorney may then reply to said plea.
Notes of Decisions
Cited in 2 cases, 1960–2013 · leading case: State v. Dukles, 2013 Ohio 5263 (Ohio Ct. App. 2013).
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State v. Dukles, 2013 Ohio 5263 (Ohio Ct. App. 2013). · cites it 6× “4 {¶9} In 1953, the General Assembly enacted R.C. 2943.06. That statute provides as follows: If a defendant pleads a judgment of conviction, acquittal, or former jeopardy, the prosecuting attorney may reply that there is no such conviction, acquittal, or jeopardy.”
State v. Downey, 170 N.E.2d 75 (Ohio Ct. App. 1960). · cites it 2× “Section 2943.06, Revised Code. There is no procedural basis for the defendant’s motion to discharge the defendant legally before the court on a proper indictment.”
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