Section 2941.08 | Defects which do not affect validity of indictment or information.
An indictment or information is not made invalid, and the trial, judgment, or other proceedings stayed, arrested, or affected:
(A) By the omission of "with force and arms," or words of similar import, or "as appears by the record";
(B) For omitting to state the time at which the offense was committed, in a case in which time is not of the essence of the offense;
(C) For stating the time imperfectly;
(D) For stating imperfectly the means by which the offense was committed except insofar as means is an element of the offense;
(E) For want of a statement of the value or price of a matter or thing, or the amount of damages or injury, where the value or price or the amount of damages or injury is not of the essence of the offense, and in such case it is sufficient to aver that the value or price of the property is less than, equals, or exceeds the certain value or price which determines the offense or grade thereof;
(F) For the want of an allegation of the time or place of a material fact when the time and place have been once stated therein;
(G) Because dates and numbers are represented by figures;
(H) For an omission to allege that the grand jurors were impaneled, sworn, or charged;
(I) For surplusage or repugnant allegations when there is sufficient matter alleged to indicate the crime and person charged;
(J) For want of averment of matter not necessary to be proved;
(K) For other defects or imperfections which do not tend to prejudice the substantial rights of the defendant upon the merits.
Available Versions of this Section
- October 1, 1953 – House Bill 1, 100th General Assembly [ View October 1, 1953 Version ]