State v. Netzley, 07-Ca-1723 (6-20-2008)

OPINION

{¶ 1} Plaintiff-appellant the State of Ohio appeals from the dismissal of an indictment charging defendant-appellee Donald G. Netzley with one count of Endangering Children. That indictment charged that Netzley "did Administer corporal punishment or other physical disciplinary measure, which punishment, discipline, or restraint is excessive under the circumstances and creates a substantial risk of serious physical harm to the child; to a child under eighteen years of age," in violation of R.C. 2919.22(B)(3).

{¶ 2} The indictment, as quoted above, makes out an offense under the words of…