Legal Opinion

Ex Parte Huff

Court of Criminal Appeals of Texas

Decided July 18, 1979No. 61451PublishedCited by 8 opinions

1Opinion of the Court

OPINION

DALLY, Judge.

This is a post-conviction writ of habeas corpus proceeding under the provisions of Art. 11.07, V.A.C.C.P.

The petitioner was convicted for the offense of forgery. The punishment, enhanced by proof that the appellant had been convicted of two prior felony convictions, is imprisonment for life.

The petitioner urges that the indictment on which he was convicted is fundamentally defective because it fails to allege all of the elements of the offense of forgery. A fundamentally defective indictment may be collaterally attacked in a post-conviction habeas corpus proceeding. Ex…

2Cases cited3 opinions

  1. Landry v. StateCourt of Criminal Appeals of Texas · 1979
  2. Minix v. StateCourt of Criminal Appeals of Texas · 1979
  3. Ex parte PageCourt of Criminal Appeals of Texas · 1978

3Cited by8 opinions

  1. Ex Parte BiltonCourt of Criminal Appeals of Texas · 1980
  2. Ex Parte NivensCourt of Criminal Appeals of Texas · 1981
  3. Ex Parte HolbrookCourt of Criminal Appeals of Texas · 1980
  4. Ex Parte BirdwellCourt of Criminal Appeals of Texas · 1999
  5. Ex Parte BartmessCourt of Criminal Appeals of Texas · 1987

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