If accused does not desire counsel or, having engaged counsel, appears at the end of granted continuance, he may then raise, by motion to dismiss the affidavit or complaint, any exception thereto which could be asserted against an indictment or information by motion to quash, plea in abatement, or demurrer. Such motion may be made orally and ruled upon by the court or magistrate at the time of presentation, with minute of motion and ruling made in the journal (if a court of record) or on the docket (if a court not of record) or such motion may be presented in writing and set down for argument at later time. Where the motion attacks a defect in the record by facts extrinsic thereto, proof may be offered by testimony or affidavit.
Ohio Rev. Code Ann. § 2937.04
Motion to dismiss complaint or affidavit
Applied in 3 court decisions — leading case 38 Ohio St. 2d 113 - State v. Holbert (1974)
Most recently applied in 38 Ohio St. 2d 113 - State v. Holbert (May 1974)
Effective: January 1, 1960; Latest Legislation: Senate Bill 73 - 103rd General Assembly
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Ohio Laws & Administrative Rules (Legislative Service Commission). Reproduced from public-domain Ohio statutes; confirm against the official source for the current text. Not legal advice.