Joel v. State
Texas Supreme Court
Appeal from Travis. The case was tried before Hon. John Ireland, one of the district judges. The appellant was indicted at the fall term, 186.6, for theft of a shirt. The indictment charged the offense to have heen committed on the 25th of bTovember, 1866, that being the same day as that on which the indictment-was returned into court.
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Appeal from Travis. The case was tried before Hon. John Ireland, one of the district judges. The appellant was indicted at the fall term, 186.6, for theft of a shirt. The indictment charged the offense to have heen committed on the 25th of bTovember, 1866, that being the same day as that on which the indictment-was returned into court. A motion was made to quash the indictment in the court helow, for the reason, among others, that the time laid in it was not anterior to the presentment of the indictment. The motion was overruled, and on his trial the defendant was convicted, and sentenced to…
1Opinion of the CourtDonley, J.
—The sixth division of article 395 of the Code of Criminal Procedure, in defining what shall be *644sufficient allegations in an indictment, provides that the time mentioned must be some date anterior to the presentment of the indictment.
The indictment in this case alleges the offense to have been committed on the 25th day of ¡November, 1866, the same day on which the indictment was returned and filed in the court.
There is no allegation that the offense was committed anterior to the finding by the grand jury. This allegation is a positive requisition of the law, and must be observed, The judgment…
2Cited by7 opinions
- Wilson v. StateSupreme Court of Florida · 1938
- Combest v. StateCourt of Criminal Appeals of Oklahoma · 1931
- Goddard v. StateCourt of Appeals of Texas · 1883
- Nelson v. StateCourt of Appeals of Texas · 1877
- Williams v. StateCourt of Appeals of Texas · 1882
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