Ohio Code 2941.10 – Indictment failing to negative any exception, excuse, or proviso contained in statute
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No indictment or information for any offense created or defined by statute is objectionable for the reason that it fails to negative any exception, excuse, or proviso contained in the statute creating or defining the offense. The fact that the charge is made is an allegation that no legal excuse for the doing of the act exists in the particular case.
Terms Used In Ohio Code 2941.10
- Allegation: something that someone says happened.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Statute: A law passed by a legislature.