Legal Opinion

Rogers v. State

Court of Criminal Appeals of Texas

Decided October 25, 1972No. 45241PublishedCited by 20 opinions

1Opinion of the Court

OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of burglary; punishment, enhanced under Article 63, V.A.P.C., life.

Appellant brings six grounds of error herein. The first is his contention that a motion to quash the indictment should have been granted because he was denied an examining trial.

The failure to grant an examining trial prior to the return of - an indictment does not affect the validity of the indictment. The return of an indictment terminates the right to an examining trial and eliminates the necessity therefor. See, e. g., Tex.Cr.App., Solomon v. State, 467…

2Cases cited14 opinions

  1. Harris v. StateCourt of Criminal Appeals of Texas · 1970
  2. Smith v. StateCourt of Criminal Appeals of Texas · 1970
  3. Pearl Davis Bellard v. United StatesCourt of Appeals for the Fifth Circuit · 1966
  4. Flores v. StateCourt of Criminal Appeals of Texas · 1971
  5. State v. GoldsteinWashington Supreme Court · 1965

9 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Brown v. StateCourt of Criminal Appeals of Texas · 1981
  2. William James Rummel v. W. J. Estelle, Jr., Director, Texas Department of Corrections, RespondentCourt of Appeals for the Fifth Circuit · 1978
  3. Lujan v. State, Texas Court of Appeals, 4th District (San Antonio)1982
  4. Duke v. State, Texas Court of Appeals, 6th District (Texarkana)2012
  5. West v. StateCourt of Criminal Appeals of Texas · 1974

15 more not listed; retrieve them via the Exa API.

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