|
|
Court OpinionsState LawsUS CodeUS Constitution |
Texas Code of Criminal Procedure - Chapter 21 Indictment And InformationLegal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Chapter 21 Indictment And Information Sponsored LinksAn "indictment" is the written statement of a grand jury accusing a person therein named of some act or omission which, by law, is declared ... (a) An indictment, information, complaint, or other charging instrument or a related document in a criminal case may be filed in electronic form with a ... 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 ... Everything should be stated in an indictment which is necessary to be proved. Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. ... The certainty required in an indictment is such as will enable the accused to plead the judgment that may be given upon it in bar ... Where a particular intent is a material fact in the description of the offense, it must be stated in the indictment; but in any case ... When the offense may be prosecuted in either of two or more counties, the indictment may allege the offense to have been committed in the ... In alleging the name of the defendant, or of any other person necessary to be stated in the indictment, it shall be sufficient to state ... Where one person owns the property, and another person has the possession of the same, the ownership thereof may be alleged to be in either. ... If known, personal property alleged in an indictment shall be identified by name, kind, number, and ownership. When such is unknown, that fact shall be ... It is not necessary to use the words "felonious" or "feloniously" in any indictment. Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. ... An indictment shall be deemed sufficient which charges the commission of the offense in ordinary and concise language in such a manner as to enable ... When a statute defining any offense uses special or particular terms, indictment on it may use the general term which, in common language, embraces the ... An indictment for an act done with intent to commit some other offense may charge in general terms the commission of such act with intent ... (a) An indictment for perjury or aggravated perjury need not charge the precise language of the false statement, but may state the substance of the ... Whenever recklessness or criminal negligence enters into or is a part or element of any offense, or it is charged that the accused acted recklessly ... The following form of indictments is sufficient: "In the name and by authority of the State of Texas: The grand jury of ............ County, State ... Words used in a statute to define an offense need not be strictly pursued in the indictment; it is sufficient to use other words conveying ... Presumptions of law and matters of which judicial notice is taken (among which are included the authority and duties of all officers elected or appointed ... An indictment shall not be held insufficient, nor shall the trial, judgment or other proceedings thereon be affected, by reason of any defect of form ... An "information" is a written statement filed and presented in behalf of the State by the district or county attorney, charging the defendant with an ... An information is sufficient if it has the following requisites: 1. It shall commence, "In the name and by authority of the State of Texas"; ... No information shall be presented until affidavit has been made by some credible person charging the defendant with an offense. The affidavit shall be filed ... The rules with respect to allegations in an indictment and the certainty required apply also to an information. Acts 1965, 59th Leg., p. 317, ch. ... (a) Two or more offenses may be joined in a single indictment, information, or complaint, with each offense stated in a separate count, if the ... When an indictment or information has been lost, mislaid, mutilated or obliterated, the district or county attorney may suggest the fact to the court; and ... Upon the filing of an indictment in the district court which charges an offense over which such court has no jurisdiction, the judge of such ... Causes over which justices of the peace have jurisdiction may be transferred to a justice of the peace at the county seat, or in the ... The clerk of the court, without delay, shall deliver the indictments in all cases transferred, together with all the papers relating to each case, to ... Any case so transferred shall be entered on the docket of the court to which it is transferred. All process thereon shall be issued and ... When a cause has been improvidently transferred to a court which has no jurisdiction of the same, the court to which it has been transferred ... (a) A person who is indicted for or who waives indictment for an offense under Section 21.11(a)(1), 22.011, or 22.021, Penal Code, shall, at the ... Last modified: August 11, 2007 |