Legal Opinion

Ex Parte County

Court of Criminal Appeals of Texas

Decided July 9, 1980No. 64820PublishedCited by 8 opinions

1Opinion of the Court

OPINION

DALLY, Judge.

The petitioner, in this post-conviction proceeding, Art. 11.07, V.A.C.C.P., seeks to have a judgment of conviction for aggravated robbery set aside. He asserts that the indictment was so defective the trial court was without jurisdiction. A judgment based on a fatally defective indictment is subject to collateral attack. See Ex parte Fontenot, 550 S.W.2d 87 (Tex.Cr. App. 1977); Standley v. State, 517 S.W.2d 538 (Tex.Cr.App. 1975). See also Ex parte Dickerson, 549 S.W.2d 202 (Tex.Cr.App. 1977).

The indictment, which was returned by the grand jury on March 14,1979, alleges…

2Cases cited5 opinions

  1. Standley v. StateCourt of Criminal Appeals of Texas · 1975
  2. Ex Parte DickersonCourt of Criminal Appeals of Texas · 1977
  3. Donald v. StateCourt of Criminal Appeals of Texas · 1957
  4. Ex Parte FontenotCourt of Criminal Appeals of Texas · 1977
  5. Dickerson v. StateCourt of Criminal Appeals of Texas · 1978

3Cited by8 opinions

  1. Jessen Associates, Inc. v. BullockTexas Supreme Court · 1975
  2. State v. Stan's Contracting, Inc.Hawaii Supreme Court · 2006
  3. Keagan v. StateCourt of Criminal Appeals of Texas · 1981
  4. Alston v. StateCourt of Appeals of Texas · 1987
  5. Borkowicz v. StateCourt of Appeals of Texas · 1990

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