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Joel v. State

28 Tex. 642
CourtTexas Supreme Court
DecidedDecember 15, 1866
StatusPublished
Cited by7 cases

This text of 28 Tex. 642 (Joel v. State) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Joel v. State, 28 Tex. 642 (Tex. 1866).

Opinion

Donley, J.

—The sixth division of article 395 of the Code of Criminal Procedure, in defining what shall be [644]*644sufficient allegations in an indictment, provides that the time mentioned must be some date anterior to the presentment of the indictment.

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.

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Cite This Page — Counsel Stack

Bluebook (online)
28 Tex. 642, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joel-v-state-tex-1866.