Ex Parte Gibson

The indictment in this cause fails to state facts from which it may be determined that the offense alleged occurred within the applicable period of limitations. That such is a defect of “substance” rather than form was demonstrated in Ex parte McFarland, 632 S.W.2d 621, at 623 (Tex.Cr.App.1982). The majority reasons that under amended Article 1.14(b), V.A.C.C.P., an indictment suffering even a defect of “substance” must be objected to prior to trial to preserve complaint on appeal or collateral attack. See Studer v. State, 799 S.W.2d 263 (Tex.Cr.App., delivered this day). In my view, however,…