Harwood v. State

Court of Appeals of Texas

Harwood v. State

16 Tex. Ct. App. 416, 1884 Tex. Crim. App. LEXIS 129

Court of Appeals of Texas·Decided June 11, 1884·No. No. 3137·Published·Cited by 1 cases

Opinion

Willson, Judge.

There being no indictment or information in the record in this case, there is no legal foundation for the judgment of conviction, and it cannot, therefore, be permitted to stand. It appears that, after the conviction was had, the indictment was destroyed accidentally. It may yet be supplied, either by a second indictment by the grand jury, or by substitution in the mode provided by law. (Turner v. The State, ante, p. 378; Schultz v. The State, 15 Texas Ct. App., 258.)

The judgment is reversed and the cause remanded.

Reversed and remanded.

Opinion delivered June 11, 1884,

Free access — add to your briefcase to read the full text and ask questions with AI

Willson, Judge.

There being no indictment or information in the record in this case, there is no legal foundation for the judgment of conviction, and it cannot, therefore, be permitted to stand. It appears that, after the conviction was had, the indictment was destroyed accidentally. It may yet be supplied, either by a second indictment by the grand jury, or by substitution in the mode provided by law. (Turner v. The State, ante, p. 378; Schultz v. The State, 15 Texas Ct. App., 258.)

The judgment is reversed and the cause remanded.

Reversed and remanded.

Opinion delivered June 11, 1884,

Harwood v. State, 16 Tex. Ct. App. 416, 1884 Tex. Crim. App. LEXIS 129 (Tex. Ct. App. 1884).

Pincite

16 Tex. Ct. App. 416 (Harwood v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related