Legal Opinion · Concurrence

Ex Parte Cannon

Court of Criminal Appeals of Texas

Decided November 10, 1976No. 51046Published

1ConcurrenceOdom, Judge

I concur in the majority’s disposition of this habeas corpus action filed pursuant to Article 11.07, V.A.C.C.P.

Presented for this Court’s consideration is whether the indictment is fundamentally defective. If the indictment fails to allege an offense against the laws of Texas, then it was insufficient to invoke the jurisdiction of the trial court, and the conviction was void and subject to attack at any time. On the other hand, if the indictment is merely duplicitous, fails to give sufficient notice of what acts are charged, or fails to allege sufficient facts to bar a subsequent conviction,…

2Cases cited33 opinions

  1. Muskrat v. United StatesSupreme Court of the United States · 1911
  2. Cleveland v. WardTexas Supreme Court · 1926
  3. Day v. StateCourt of Criminal Appeals of Texas · 1976
  4. American Plant Food Corporation v. StateCourt of Criminal Appeals of Texas · 1974
  5. Morrow v. CorbinTexas Supreme Court · 1933

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