State v. Andrews, Unpublished Decision (8-5-1999)
State v. Andrews, Unpublished Decision (8-5-1999)
Opinion of the Court
Plaintiff, State of Ohio, appeals from the judgment of the Franklin County Municipal Court dismissing two counts of aggravated menacing against defendant, Norman J. Andrews, pursuant to Crim.R. 3. The state raises one assignment of error, which we find to be without merit. As a result, we affirm.
On January 27, 1998, defendant was charged by separate complaints with two counts of aggravated menacing, in violation of R.C.
The trial court erred as a matter of law when it sustained defendant's motion to dismiss the criminal charges for faulty affidavits, when the affidavits contained all the material elements of the criminal charges.
In the assignment of error, the state contends that the complaints in the instant case complied with Crim.R. 3 because they stated all of the material elements of aggravated menacing. This offense is defined in R.C.
The purpose of a complaint filed in a criminal case is to provide reasonable notice to the defendant of the nature of the offense. State v. Sweeney (1991),
In the instant case, the complaints failed to describe the events that gave rise to the offenses charged. In addition, the complaints failed to provide specific informa-tion relating to both the incident and defendant's conduct. The complaints state that defendant, "[o]n or about the 19th day of December, 1997 did: knowingly cause Harry Lyons [and Mindy Lyons] to believe that the said Norman Andrews would cause serious physical harm to the person or property of Harry Lyons [and Mindy Lyons]." Although the complaints include information regarding the elements of the offense charged, they lack a description of the factual events pertaining to the alleged incident. Since the "essential facts" requirement in Crim.R. 3 is not satisfied by the language in the complaints, the state's assignment of error is not well-taken.
For the foregoing reasons, the state's assignment of error is overruled, and the judgment of the Franklin County Municipal Court is affirmed.
Judgment affirmed.
BOWMAN, J., and LAZARUS, P.J., concur.
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