Revill v. State

218 S.W. 1044, 87 Tex. Crim. 1, 1919 Tex. Crim. App. LEXIS 471

Opinions

The appellant is charged by indictment with the offense of burglary. The indictment fails to conclude with the words: "against the peace and dignity of the State," and contains no equivalent declaration. The Constitution, Art. 5, Sec. 12, contains the following:

"All prosecutions shall be carried on in the name and by the authority of the State of Texas, and shall conclude `against the peace and dignity of the State.'"

This is an imperative command, and the failure to observe it renders the indictment void. Bird v. State, 37 Tex. Crim. 408; Harris' Constitution, p. 430.

The insufficiency of the indictment requires that the judgment be reversed, and the cause ordered dismissed.

Dismissed.

ON REHEARING. January 14, 1920.