Foster v. State

In appellant’s motion for rehearing he contends the panel opinion was in error in declining to review the sufficiency of the evidence to support the conviction. Appellant points to the fact that he timely raised the question of sufficiency of the evidence and urged that the record should be reviewed to determine if appellant could be retried under a new indictment alleging the same offense.

The failure to allege an offense renders an indictment insufficient to invoke the jurisdiction of the trial court. See Ex parte Cannon, 546 S.W.2d 266. Absent jurisdiction, the judgement of the trial court…