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STATE v. OLIVER

No. 72-15.

32 Ohio St. 2d 109 (1972)

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

Supreme Court of Ohio.

Decided December 13, 1972.

Attorney(s) appearing for the Case

Mr. Joseph R. Grunda, prosecuting attorney, and Mr. Russell D. Provenza, for appellant.

Mr. Hubbard C. Wilcox, for appellee.

BROWN, J.

In examining and thereafter determining the sufficiency of an indictment, it is of utmost importance that all the statutory elements necessary to constitute a crime be averred in the criminal charge. Davis v. State (1876), 32 Ohio St. 24; State v. Joseph (1926), 115 Ohio St. 127, 131. This condition is founded upon the constitutional right of the accused to be informed of the nature and cause of the accusation against him.

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