Clampitt v. State
Court of Appeals of Texas
Appeal from the District Court of Franklin. Tried below before the Hon. B. T. Estes. The opinion states the matters relevant to the rulings. The verdict found the accused guilty of murder in the second degree, and assessed his punishment at five years in the penitentiary.
1Opinion of the CourtWhite, J.
In this case it appears that the appellant had been indicted by the grand jury of Franklin- County for the murder of one Richard Goode. By some means the indictment was lost or mislaid. Our statute with regard to supplying lost indictments reads as follows, viz.: “ When an indictment has been lost or mislaid, the district attorney may suggest the fact to the court, and the same shall be *640entered upon the minutes of the court, and in such case another indictment may be substituted, upon the written statement of the district attorney that it is substantially the same as that which has been lost…
2Cases cited6 opinions
- Sutton v. StateTexas Supreme Court · 1874
- Graham v. StateTexas Supreme Court · 1875
- Burch v. StateTexas Supreme Court · 1875
- Lopez v. StateTexas Supreme Court · 1874
- Morgan v. StateTexas Supreme Court · 1874
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