State v. Ferrette

Clifford F. Brown, J.,

The first question posed in this appeal is whether the indictments for forgery and uttering in violation of R.C. 2913.31 should have been dismissed on the ground that the State Lottery Commission cannot be the object of a fraud. We hold that the trial court correctly overruled appellant’s motion to dismiss the indictments.

R.C. 2913.31(A) provides in part that “[n]o person, with purpose to defraud, * * * shall do any of the following * * *.” Ohio law does not require that there be an object to the commission of a fraud. R.C. 2913.01(B) states: “ ‘Defraud’ means to…