State v. Buehner

{¶ 1} On April 2, 2004, the appellee, Richard Buehner, was indicted on one count of ethnic intimation in violation of R.C. 2927.12.1 The predicate offense for the ethnic-intimidation charge against the appellee was R.C. 2903.21, aggravated menacing. Specifically, the indictment stated that the Cuyahoga County Grand Jury found that the appellee “did violate Section 2903.21 of the Revised Code by reason of race, color, religion, or national origin of another person or group of persons.”

{¶2} The appellee moved to dismiss the indictment as defective because it failed to list the elements of R.C.…