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Texas Code of Criminal Procedure - Article 21.02. Requisites Of An Indictment

Legal Research Home > Texas Laws > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 21.02. Requisites Of An Indictment

Art. 21.02. [396] [451] [439] REQUISITES OF AN 
INDICTMENT.  An indictment shall be deemed sufficient if it has the 
following requisites:
	1. It shall commence, "In the name and by authority of The 
State of Texas".  
	2. It must appear that the same was presented in the district 
court of the county where the grand jury is in session.
	3. It must appear to be the act of a grand jury of the proper 
county.        
	4. It must contain the name of the accused, or state that his 
name is unknown and give a reasonably accurate description of him.
	5. It must show that the place where the offense was committed 
is within the jurisdiction of the court in which the indictment is 
presented.
	6. The time mentioned must be some date anterior to the 
presentment of the indictment, and not so remote that the 
prosecution of the offense is barred by limitation.
	7. The offense must be set forth in plain and intelligible 
words.            
	8. The indictment must conclude, "Against the peace and 
dignity of the State".
	9. It shall be signed officially by the foreman of the grand 
jury.           

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.             

Last modified: August 11, 2007