State v. Oliver

In examining and thereafter determining the sufficiency of an indictment, it is of utmost importance that all the statutory elements necessary to constitute a crime be averred in the criminal charge. Davis v. State (1876), 32 Ohio St. 24; State v. Joseph (1926), 115 Ohio St. 127, 131. This condition is founded upon the constitutional right of the accused to be informed of the nature and cause of the accusation against him. United States v. Hess (1887), 124 U. S. 483, 487.

Consequently, the omission of any material element or ingredient of an offense, as defined by statute, is “# * * fatal to…