State ex rel. Dix v. McAllister

Dix asserts that the court of appeals erred by dismissing his complaint. The court of appeals, however, properly dismissed Dix’s complaint for the following reasons.

First, as the court of appeals held, the misnumbering of the aggravated murder statute in Dix’s indictment did not invalidate the indictment, as we held in State v. Morales (1987), 32 Ohio St.3d 252, 254, 513 N.E.2d 267, 270, fn. 4. See Crim.R. 7(B), which provides:

“Each count of the indictment or information shall state the numerical designation of the statute that the defendant is alleged to have violated. Error in the numerical…