Donald v. State

The holding in Hickman v. State, 44 Texas Cr. Rep. 533, 72 S.W. 587, from which the majority quote, was before us when this appeal was being considered on original submission. While it was not cited, the original opinion quoted the rule which Texas Jurisprudence derived from the Hickman case: “The State is not bound to anticipate or negative defenses on the part of the accused, but if the pleading shows on its face that the prosecution is barred by the statute of limitations, facts should be alleged which avoid the statute.” 23 Texas Jur. Sec. 30, p. 630.

*264This rule is relied upon by the…