State v. Elliott
Texas Supreme Court
Appeal from Panola. Indictment for betting at Faro. After reciting at considerable length, the finding of an indictment against the defendant, on the 16th of June, 1853, for betting at Faro, and the loss of the indictment so found, the new indictment continued as follows: And whereas the said Grand Jurors having before them the evidence to supply the loss of the aforesaid indictment, and to supply the same, therefore, in accordance with the Statute, in such case made and…
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Appeal from Panola. Indictment for betting at Faro. After reciting at considerable length, the finding of an indictment against the defendant, on the 16th of June, 1853, for betting at Faro, and the loss of the indictment so found, the new indictment continued as follows: And whereas the said Grand Jurors having before them the evidence to supply the loss of the aforesaid indictment, and to supply the same, therefore, in accordance with the Statute, in such case made and provided, the said Grand Jurors upon their oath aforesaid do present, that the said. William K. Elliott, &c., charging the…
1Opinion of the CourtWheeler, J.
The Statute (Hart. Dig. Art. 464) plainly indicates the course to be pursued in the case of a lost indictment. The fact of the loss is to be entered upon the minutes *426of the Court, which avoids the Statute of Limitations; and a new indictment is to be preferred. The second indictment is, of course, to be found in the same manner as the first, upon the testimony of witnesses, sworn to give evidence before the Grand Jury, touching the truth of the accusation; and the prosecution is to be conducted, upon the second indictment, in the same manner as it would have been upon the first. This is the…
2Cited by13 opinions
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- Wood v. StateCourt of Criminal Appeals of Oklahoma · 1910
- Hodges v. StateCourt of Criminal Appeals of Texas · 1913
- Poulter v. StateCourt of Criminal Appeals of Texas · 1913
- Schultz v. StateCourt of Appeals of Texas · 1883
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