Ex parte Ellis
This text of 579 S.W.2d 13 (Ex parte Ellis) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
OPINION
This is a post-conviction application for habeas corpus filed under Article 11.07, V.A.C.C.P. • •
[14]*14Appellant was indicted for the unauthorized use of a motor vehicle without any allegation of a culpable mental state. V.T. C.A., Penal Code, Section 31.07. Such an omission is fundamental and deprives the trial court of jurisdiction to enter any judgment. Ex parte Winton, Tex.Cr.App., 549 S.W.2d 751, and authorities cited therein. Cf. Allen v. State, Tex.Cr.App., 549 S.W.2d 5. The judgment in Cause No. 9321 is set aside and the indictment dismissed. A copy of this opinion will be sent to the Texas Department of Corrections.
It is so ordered.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
579 S.W.2d 13, 1979 Tex. Crim. App. LEXIS 1378, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-ellis-texcrimapp-1979.