State v. Mondor

The trial court correctly ruled that, although the indictment tracks the statute, it is potentially misleading. It is potentially misleading because our case law imposes on the state a heaver burden than the statute under which Mondor was indicted might be read to impose. And an indictment-even one that tracks a statute-is not perfect in form if it fails to enable the jurors to easily understand the charge.

So I respectfully dissent to the majority's decision to reverse the trial court in Case No. A18A0268. I would affirm the trial court's ruling in favor of Mondor on his special demurrer. As…