Joel v. State
Texas Supreme Court
Joel v. State, 28 Tex. 642 (Tex. 1866)
Donley
Joel v. State
Opinion of the Court
—The sixth division of article 395 of the Code of Criminal Procedure, in defining what shall be
The indictment in this case alleges the offense to have been committed on the 25th day of ¡November, 1866, the same day on which the indictment was returned and filed in the court.
There is no allegation that the offense was committed anterior to the finding by the grand jury. This allegation is a positive requisition of the law, and must be observed, The judgment is reversed, and the cause
¡Dismissed.
Reference
- Full Case Name
- George Joel, a Freedman v. State
- Cited By
- 7 cases
- Status
- Published
- Syllabus
- An indictment charging the offense to have been committed on the same day as that on which the indictment was returned into court is bad, unless there be a further allegation, that the offense was committed anterior to the finding by the grand jury. This allegation is a positive requirement of the law, which must be observed. (Code of Crim. Pro., Art. 395, subd. 6; Paschal’s Dig., Art. 2863, Note 720.) And it was urged that the fact that the day laid in the indictment was Sunday raised a presumption of a clerical mistake in the date assigned to the return of the indictment into court, and that it would obviate the defect. But the court took no notice of the point.