Carrillo v. State

OPINION

MEYERS, J.,

delivered the unanimous opinion of the Court.

Shortly after entering a plea of “not guilty,” appellant challenged the jurisdiction of the trial court on the ground that there was not an original indictment in the court’s file. The State claimed it was entitled to proceed on a duplicate original under Code of Criminal Procedure article 21.25, governing substitution of indictments or informations. The State said it *276had a duplicate original marked “State’s copy” which was returned at the same time as the original indictment. Appellant argued “no proof’ had been offered that…