Du Brul v. State

Citations

• 80 Ohio St. (N.S.) 52

Syllabus

<p>Criminal charge must be precise — Apprising accused what he must meet — Court record must be deñnite — Indictment under Section 7075, Revised Statutes — Fraudulent claims against county commissioners — Charge not averring wherein claim is false• — Bad on dc mrrer — Court procedure — Criminal law.</p> <p>1'. A criminal charge should be preferred with such certainty and precision as will reasonably apprise the party charged of that which he may expect to meet and be required to answer,, and so that the court and jury may know what they are to try and the court may determine without unreasonable difficulty what evidence is admissible; also that the record to be made will be sufficiently definite to make it clear of what the party has been put in jeopardy.</p> <p>2. An indictment brought under Section 7075, Revised Statutes, charging the presentation to the county commissioners of a false and fraudulent claim and obtaining payment of the same by the county treasurer which in describing the claim avers it to have been “a certain false and fraudulent claim,” but in no way avers wherein it was false and fraudulent, and states no facts showing that it was false or fraudulent, is bad on demurrer, and will not support a conviction.</p>