Legal Opinion

State v. Edwards

Court of Appeals of Texas

Decided April 22, 1991No. 12-90-00079-CRPublishedCited by 7 opinions

1Opinion of the Court

BILL BASS, Justice.

This is an appeal of an order granting appellee’s motion to quash the complaint and information because limitations had run before their filing. We affirm.

On December 14, 1989, the State filed a complaint and information charging Edwards with misdemeanor theft by check. The offense was alleged to have occurred on September 4, 1985, more than four years before the presentment of the complaint and information. The limitation period for misdemeanors is two years. Tex. Code CRIM.Proc.Ann. art. 12.02 (Vernon 1977). The information contains no averment alleging the tolling of the…

2Cases cited8 opinions

  1. American Plant Food Corporation v. StateCourt of Criminal Appeals of Texas · 1974
  2. Dick v. KempSupreme Court of the United States · 1983
  3. Hultin v. StateCourt of Criminal Appeals of Texas · 1961
  4. Ex Parte WardCourt of Criminal Appeals of Texas · 1978
  5. Jernigan v. StateCourt of Criminal Appeals of Texas · 1983

3 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Bonner v. StateCourt of Appeals of Texas · 1992
  2. Quilty v. Frank's Food MartMissouri Court of Appeals · 1994
  3. Ulloa, Ex Parte Mike AngelCourt of Criminal Appeals of Texas · 2017
  4. Skero v. StateCourt of Appeals of Texas · 1993
  5. State v. Jimmy Earl DrummondCourt of Appeals of Texas · 2015

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API