Smith v. State

As one who dissented with opinion in Jeffers v. State, 646 S.W.2d 185, 189-191 (Tex.Cr.App.1983), I adhere to the view that when the plea is guilty Craven v. State, 613 S.W.2d 488 (Tex.Cr.App.1981) correctly enunciated the law with respect to appellate review and disposition of a ground of error complaining that a trial court erroneously overruled a motion to quash pointing out a defect as to form in an indictment or other charging instrument. That is, “the *175ultimate question of law is whether, assuming a defect as to form in the indictment may be found, a judgment of conviction must be ipso…