Bailey v. State

Paul Bailey was indicted, tried, and convicted of burglary, and appeals.

The principal assignment of error is that the indictment was returned at the September, 1928, term of court and was not marked “filed” until the September, 1929, term of court. Since the record came here, the clerk has certified another copy of the indictment which shows that' it was filed by the clerk on the 5th day of September, 1928, the term at which it appears on the face of the indictment to have been found. The last certificate is dated January 31, 1930, and the original was dated the 25th of October, 1929. We…