State v. Turner

We should use this case to establish the following bright line rule: Under Tex.Code Crim.Proc.Ann. art. 1.14(b), an objection to a charging instrument is timely if made on the day the case is set for trial so long as the trial on the merits does not commence on that day.

I

A brief recitation of the facts is instructive. Appellee was originally indicted in Cause No. 629,838. That matter was scheduled for trial on November 30, 1992. However, the case was not reached on that date and was rescheduled for trial on March 8, 1993. On January 11, 1993, appellee was re-indicted under Cause No. 653,846.…