Ohio Revised Code Search
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Section 2941.47 | Summons on informations and indictments against corporations.
...appearance and answer, the clerk of the court of common pleas shall enter a plea of "not guilty." Upon such appearance being made or plea entered, the corporation is before the court until the case is finally disposed of. On said indictment or information no warrant of arrest may issue except for individuals who may be included in such indictment or information. |
Section 2941.48 | Recognizance of witnesses for appearance at trial.
...In any case pending in the court of common pleas, the court, either before or after indictment, may require any witness designated by the prosecuting attorney to enter into a recognizance, with or without surety, in such sum as the court thinks proper for his appearance to testify in such cause. A witness failing or refusing to comply with such order shall be committed to the county jail until he gives his testimony ... |
Section 2941.49 | Service of indictments.
...r case when requested, the clerk of the court of common pleas shall make and deliver to the sheriff, defendant, or the defendant's counsel, a copy of such indictment. The sheriff, on receiving such copy, shall serve it on the defendant. A defendant, without his assent, shall not be arraigned or called on to answer to an indictment until one day has elapsed after receiving or having an opportunity to receive in person... |
Section 2941.51 | Counsel for indigents.
...onduct of the system established by the rules of the Ohio public defender commission pursuant to divisions (B) and (C) of section 120.03 of the Revised Code or the standards established by the state public defender pursuant to division (B)(7) of section 120.04 of the Revised Code, the commission shall notify the board of county commissioners of the county that the county system for paying appointed counsel has failed... |
Section 2941.53 | Methods of excepting an indictment.
...An accused may except to an indictment by: (A) A motion to quash; (B) A plea in abatement; (C) A demurrer. |
Section 2941.54 | Motion to quash indictment.
...A motion to quash may be made when there is a defect apparent upon the face of the record, within the meaning of sections 2941.02 to 2941.35, inclusive, of the Revised Code, including defects in the form of indictment and in the manner in which an offense is charged. |
Section 2941.55 | Plea in abatement to indictment.
...Plea in abatement may be made when there is a defect in the record shown by facts extrinsic thereto. |
Section 2941.56 | Fail to indict in true name.
... shall be entered on the minutes of the court. After such entry, the trial and proceedings on the indictment shall be had against him by that name, referring also to the name by which he is indicted, as if he had been indicted by his true name. |
Section 2941.57 | Demurrer.
...d is not within the jurisdiction of the court. |
Section 2941.58 | Resubmission to grand jury.
...dged in favor of the accused, the trial court may order the case to be resubmitted to the grand jury, if then pending, or to the next succeeding grand jury. The accused then may be committed to jail or held to bail in such sum as the trial court requires for his appearance to answer at a time to be fixed by the court. |
Section 2941.59 | Waiver of defects which may be excepted to.
...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. |
Section 2941.60 | Prosecuting attorney may demur to plea in abatement.
...The prosecuting attorney may demur to a plea in abatement if it is not sufficient in substance, or he may reply, setting forth any facts which may show there is no defect in the record as charged in the plea. |
Section 2941.61 | Overruling demurrer to plea in abatement.
...After a demurrer to an indictment is overruled, the accused may plead under section 2943.03 of the Revised Code. |
Section 2941.62 | Immediate hearing on motions to quash, pleas in abatement, and demurrers.
...ely upon their filing, unless the trial court, for good cause shown, sets another time for such hearing. |
Section 2941.63 | Appointment of counsel to assist prosecutor when public interest requires it.
...The court of common pleas, or the court of appeals, whenever it is of the opinion that the public interest requires it, may appoint an attorney to assist the prosecuting attorney in the trial of a case pending in such court. The board of county commissioners shall pay said assistant to the prosecuting attorney such compensation for his services as the court approves. |
Section 2943.01 | Arraignment and plea definitions.
...The definition of "magistrate" set forth in section 2931.01 of the Revised Code applies to Chapter 2943. of the Revised Code. |
Section 2943.02 | Arraignment.
... shall be arraigned by the clerk of the court of common pleas, or his deputy, reading the indictment or information to the accused, unless the accused or his attorney waives the reading thereof. He shall then be asked to plead thereto. Arraignment shall be made immediately after the disposition of exceptions to the indictment, if any are filed, or, if no exceptions are filed, after reasonable opportunity has been gi... |
Section 2943.03 | Pleas to indictment.
... commission of the offense charged. The court may, for good cause shown, allow a change of plea at any time before the commencement of the trial. |
Section 2943.031 | Court to advise defendant as to possible deportation, exclusion or denial of naturalization upon guilty or no contest plea.
...aded guilty to a minor misdemeanor, the court shall address the defendant personally, provide the following advisement to the defendant that shall be entered in the record of the court, and determine that the defendant understands the advisement: "If you are not a citizen of the United States, you are hereby advised that conviction of the offense to which you are pleading guilty (or no contest, when applicable) may ... |
Section 2943.032 | Court to advise defendant as to possible extension of prison term.
...or complaint that charges a felony, the court shall inform the defendant personally that, if the defendant pleads guilty or no contest to the felony so charged or any other felony, if the court imposes a prison term upon the defendant for the felony, and if the offender violates the conditions of a post-release control sanction imposed by the parole board upon the completion of the stated prison term, the parole boar... |
Section 2943.033 | Court to advise defendant of possible firearm restrictions.
... a misdemeanor offense of violence, the court shall inform the defendant either personally or in writing that under 18 U.S.C. 922(g)(9) it may be unlawful for the person to ship, transport, purchase, or possess a firearm or ammunition as a result of any conviction for a misdemeanor offense of violence. The plea may not be vacated based on a failure to inform the person so charged regarding the restrictions unde... |
Section 2943.04 | Form of plea.
...tely be entered upon the minutes of the court. |
Section 2943.05 | Form of plea of former conviction.
...rdy, he must set forth in his plea the court, time, and place of such conviction, acquittal, or jeopardy. No claim of former judgment of conviction or acquittal, or jeopardy may be given in evidence under the plea of not guilty. |
Section 2943.06 | Trial of issue on plea of former conviction.
...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 es... |
Section 2943.07 | What is not former acquittal.
...If a defendant was formerly acquitted on the ground of variance between the indictment or information and the proof, or if the indictment or information was dismissed, without a judgment of acquittal, upon an objection to its form or substance, or in order to hold the defendant for a higher offense, it is not an acquittal of the same offense. |