Burnett v. State
Texas Supreme Court
Appeal from Harrison. Indictment for gaming. Motion to quash, on the ground that it did not appear from the minutes of the Court, that the indictment had been returned into Court by the Grand Jury. The indictment was properly endorsed a true bill, and was marked filed at the proper date. The Court, on suggestion of the District Attorney, caused an entry of the indictment to be entered nunc pro tunc, and overruled the motion.
1Opinion of the CourtWheeler, J.
The only objection to the judgment, not dis*456posed of by previous decisions, is, that it does not appear by the record that the indictment was retured into Court by the Grand Jury. Whether this would be a fatal objection to the record of the proceedings, where the indictment was filed in Court and thereby became a record of the Court, and the case was entered upon the record, properly entitled, at the Term of the Court when the indictment was found, may well admit of question, in our practice, where the. case proceeds, to trial in the same Court into which the indictment is returned by the…
2Cited by43 opinions
- Coleman v. ZappTexas Supreme Court · 1912
- Nevitt v. WilsonTexas Supreme Court · 1926
- Camoron v. ThurmondTexas Supreme Court · 1881
- Hannon v. HensonTexas Commission of Appeals · 1929
- Ex parte PattersonCourt of Criminal Appeals of Texas · 1940
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