FOUTTY v. MAXWELL

No. 37592.

174 Ohio St. 35 (1962)

FOUTTY v. MAXWELL, WARDEN.

Supreme Court of Ohio.

Decided December 5, 1962.


Attorney(s) appearing for the Case

Mr. Jack R. Foutty, in propria persona.

Mr. Mark McElroy, attorney general, and Mr. John J. Connors, Jr., for respondent.


Per Curiam.

Petitioner's primary contention is that his indictment was void for failure to set forth the facts, the applicable Revised Code section number and the essential elements of the crime of first degree murder.

The crime of murder in the first degree is defined by Section 2901.01, Revised Code, which provides:

"No person shall purposely, and either of deliberate and premeditated malice, or by means of poison, or in perpetrating or attempting...

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