Wells v. Maxwell

The primary question raised by petitioner relates to the fact that he was prosecuted by means of an information filed by the prosecuting attorney rather than by an indictment of the grand jury.

Authority for this procedure is given by Section 2941.021, Revised Code, which reads as follows:

“Any criminal offense which is not punishable by death or life imprisonment may be prosecuted by information filed in the Common Pleas Court by the prosecuting attorney if the defendant, after he has been advised by the court of the nature of the charge against him and of his rights under the Constitution, is…