Bruce v. State

REYNOLDS, Chief Justice.

Appellant Paula Bruce waived indictment and subsequently was prosecuted for murder on an information.1 A jury found her guilty and assessed her punishment at ten years confinement. Because the information is fundamentally defective, we must reverse and dismiss.

The information commences with these words:

I, J. BILLY MARLEY District Attorney of Crosby County, in said State do present unto said Court ....

Prior to the submission of her appeal, appellant had not challenged the information; however, the reviewing court is required to notice fundamentally defective charging…