Ohio Revised Code Search
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Section 2938.08 | Defendant presumed innocent.
...asonable doubt. In charging a jury the trial court shall state the meaning of the presumption of innocence and of reasonable doubt in each case. |
Section 2938.09 | Grounds for objection.
...In the trial of any criminal case, the grounds of an objection to any ruling or action of the judge or magistrate shall be stated if required by him. |
Section 2938.10 | Proof of territorial jurisdiction.
...The state or municipality in all cases must prove the offense committed within the territorial jurisdiction of the court, and in ordinance cases within the municipality, except as to those offenses in which the court has county wide jurisdiction created by statute and as to those cases in which certification has been made pursuant to section 2937.08 of the Revised Code. |
Section 2938.11 | Order of trial.
...The trial of an issue shall proceed before the trial court or jury as follows: (A) Counsel may state the case for the prosecution, including the evidence by which he expects to sustain it. (B) Counsel for the defendant may state his defense, including the evidence which he expects to offer. (C) The prosecution then shall produce all its evidence, and the defendant may follow with his evidence, but the court or mag... |
Section 2938.12 | Presence of defendant required.
... the defendant to be so tried. If after trial commences a person being tried escapes or departs without leave, the trial shall proceed and verdict or finding be received and sentence passed as if he were personally present. |
Section 2938.13 | Prosecution of criminal cases.
...In any case prosecuted for violation of a municipal ordinance the village solicitor or city director of law, and for a statute, he or the prosecuting attorney, shall present the case for the municipal corporation and the state respectively, but either may delegate the responsibility to some other attorney in a proper case, or, if the defendant be unrepresented by counsel may with leave of court, withdraw from the cas... |
Section 2938.14 | Venires for juries.
...Jurors in courts of record inferior to the court of common pleas shall be drawn and summoned in the manner provided in the various acts creating such courts. But no challenge to the array shall be sustained in any case for the reason that some of the jurors are not residents of the territory of the court, if it appears that the jurors were regularly drawn and certified by the jury commissioners of county or mun... |
Section 2938.15 | Rules of evidence and procedure.
...t, by their nature, inapplicable to the trial of misdemeanors, shall prevail in trials under Chapter 2938. of the Revised Code where no special provision is made in such chapter, or where no provision is made by rule of the supreme court adopted pursuant to section 2937.46 of the Revised Code. |
Section 2945.01 | Trial definitions.
...The definition of "magistrate" set forth in section 2931.01 of the Revised Code applies to Chapter 2945. of the Revised Code. |
Section 2945.02 | Setting and continuing cases.
... pleas shall set all criminal cases for trial for a day not later than thirty days after the date of entry of the plea of the defendant. No continuance of the trial shall be granted except upon affirmative proof in open court, upon reasonable notice, that the ends of justice require a continuance. No continuance shall be granted for any other time than it is affirmatively proved the ends of justice require. Wheneve... |
Section 2945.03 | Control of trial.
...The judge of the trial court shall control all proceedings during a criminal trial, and shall limit the introduction of evidence and the argument of counsel to relevant and material matters with a view to expeditious and effective ascertainment of the truth regarding the matters in issue. |
Section 2945.04 | Orders to prevent Intimidation of attorney, victim or witness in criminal case.
...(A) If a motion is filed with a court before which a criminal case is pending alleging that a person has committed or is reasonably likely to commit any act prohibited by section 2921.04 of the Revised Code in relation to the case, if the court holds a hearing on the motion, and if the court determines that the allegations made in the motion are true, the court may issue an order doing any or any combination of the f... |
Section 2945.05 | Defendant may waive jury trial.
...n this state, the defendant may waive a trial by jury and be tried by the court without a jury. Such waiver by a defendant, shall be in writing, signed by the defendant, and filed in said cause and made a part of the record thereof. It shall be entitled in the court and cause, and in substance as follows: "I _______________, defendant in the above cause, hereby voluntarily waive and relinquish my right to a trial by... |
Section 2945.06 | Procedure for trial by court.
... which a defendant waives his right to trial by jury and elects to be tried by the court under section 2945.05 of the Revised Code, any judge of the court in which the cause is pending shall proceed to hear, try, and determine the cause in accordance with the rules and in like manner as if the cause were being tried before a jury. If the accused is charged with an offense punishable with death, he shall be tried by... |
Section 2945.08 | Prosecution in wrong county - proceeding.
...If it appears, on the trial of a criminal cause, that the offense was committed within the exclusive jurisdiction of another county of this state, the court must direct the defendant to be committed to await a warrant from the proper county for his arrest, but if the offense is a bailable offense the court may admit the defendant to bail with sufficient sureties conditioned, that he will, within such time as the cour... |
Section 2945.09 | Grounds for objection.
...In the trial of any criminal case, the grounds of an objection to any ruling or action of the court shall be stated if required by the court. |
Section 2945.10 | Order of proceedings of trial.
...The trial of an issue upon an indictment or information shall proceed before the trial court or jury as follows: (A) Counsel for the state must first state the case for the prosecution, and may briefly state the evidence by which the counsel for the state expects to sustain it. (B) The defendant or the defendant's counsel must then state the defense, and may briefly state the evidence which the defendant or the def... |
Section 2945.11 | Charge to the jury as to law and fact.
...In charging the jury, the court must state to it all matters of law necessary for the information of the jury in giving its verdict. The court must also inform the jury that the jury is the exclusive judge of all questions of fact. The court must state to the jury that in determining the question of guilt, it must not consider the punishment but that punishment rests with the judge except in cases of murder in the fi... |
Section 2945.12 | When accused may be tried in his absence.
...cognizance after the jury is sworn, the trial shall proceed and the verdict be received and recorded. If the offense charged is a misdemeanor, judgment and sentence shall be pronounced as if he were personally present. If the offense charged is a felony, the case shall be continued until the accused appears in court, or is retaken. |
Section 2945.13 | Joint trials in felony cases.
...When two or more persons are jointly indicted for a felony, except a capital offense, they shall be tried jointly unless the court, for good cause shown on application therefor by the prosecuting attorney or one or more of said defendants, orders one or more of said defendants to be tried separately. |
Section 2945.14 | Mistake in charging offense.
...If it appears during the trial and before submission to the jury or court, that a mistake has been made in charging the proper offense in the indictment or information, the court may order a discontinuance of trial without prejudice to the prosecution. The accused, if there is good cause to detain him, may be recognized to appear at the same or next succeeding term of court, or in default thereof committed to jail. ... |
Section 2945.15 | Discharge of defendant.
...e accused has gone into his defense the trial court may direct one or more of such accused to be discharged that he may be a witness for the state. An accused person, when there is not sufficient evidence to put him upon his defense, may be discharged by the court, but if not so discharged, shall be entitled to the immediate verdict of the jury in his favor. Such order of discharge, in either case, is a bar to anoth... |
Section 2945.16 | View of the premises - expenses of view.
... at which a material fact occurred, the trial court may order them to be conducted in a body, under the charge of the sheriff or other officer, to such place, which shall be shown to them by a person designated by the court. While the jurors are absent on such view no person other than such officer and such person so appointed, shall speak to them on any subject connected with the trial. The accused has the right to ... |
Section 2945.17 | Right to jury trial.
...(A) At any trial, in any court, for the violation of any statute of this state, or of any ordinance of any municipal corporation, except as provided in divisions (B) and (C) of this section, the accused has the right to be tried by a jury. (B) The right to be tried by a jury that is granted under division (A) of this section does not apply to a violation of a statute or ordinance that is any of the following: (1... |
Section 2945.171 | Written verdicts.
...In all criminal cases the verdict of the jury shall be in writing and signed by each of the jurors concurring therein. |