STATE v. ATKINSON

No. 39255.

4 Ohio St. 2d 19 (1965)

THE STATE OF OHIO, APPELLEE, v. ATKINSON, APPELLANT.

Supreme Court of Ohio.

Decided November 10, 1965.


Attorney(s) appearing for the Case

Mr. Paul J. Mikus, prosecuting attorney, and Mr. Joseph R. Grunda, for appellee.

Mr. Robert J. Corts, for appellant.


HERBERT, J.

The question here is whether the indictment may withstand defendant's motion attacking its validity.

Section 2941.04 of the Revised Code, in part, sets out in clear and unambiguous language the limitations upon the charging of two or more different offenses in an indictment, as follows:

"An indictment or information may charge two or more different offenses connected together in their commission, or different statements of the same offense...

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