State v. Turner

ON MOTION FOR REHEARING

On Motion for Rehearing, the State alleges a conflict in this opinion and in Skero v. State, 866 S.W.2d 336 (Tex.App.-Houston [14th Dist.] November 10, 1993). However, we do not find a conflict. In Skero, the Appellant “did not object to the indictment before trial.” The panel in Skero made the following statement:

The Code of Criminal Procedure provides that if a defendant does not object to a defect ... in an indictment prior to the trial on the merits commencing, he may not raise the issue on appeal, (emphasis added).

As authority for the foregoing statement, that…