Revill v. State

The appellant is charged by indictment with the offense of burglary. The indictment fails to conclude with the words: "against the peace and dignity of the State," and contains no equivalent declaration. The Constitution, Art. 5, Sec. 12, contains the following:

"All prosecutions shall be carried on in the name and by the authority of the State of Texas, and shall conclude `against the peace and dignity of the State.'"

This is an imperative command, and the failure to observe it renders the indictment void. Bird v. State, 37 Tex. Crim. 408; Harris' Constitution, p. 430.

The insufficiency of the…