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Texas Code of Criminal Procedure - Chapter 27 The Pleading In Criminal ActionsLegal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Chapter 27 The Pleading In Criminal Actions Sponsored LinksThe primary pleading in a criminal action on the part of the State is the indictment or information. Acts 1965, 59th Leg., p. 317, ch. ... The pleadings and motions of the defendant shall be: (1) A motion to set aside or an exception to an indictment or information for some ... In addition to any other grounds authorized by law, a motion to set aside an indictment or information may be based on the following: 1. ... An issue of fact arising upon a motion to set aside an indictment or information shall be tried by the judge without a jury. Acts ... A defendant's only special plea is that he has already been prosecuted for the same or a different offense arising out of the same criminal ... Every special plea shall be verified by the affidavit of the defendant. Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, ... All issues of fact presented by a special plea shall be tried by the trier of the facts on the trial on the merits. Acts ... There is no exception to the substance of an indictment or information except: 1. That it does not appear therefrom that an offense against the ... Exceptions to the form of an indictment or information may be taken for the following causes only: 1. That it does not appear to have ... All motions to set aside an indictment or information and all special pleas and exceptions shall be in writing. Acts 1965, 59th Leg., p. 317, ... In all cases the defendant shall be allowed ten entire days, exclusive of all fractions of a day after his arrest, and during the term ... In cases where the defendant is entitled to be served with a copy of the indictment, he shall be allowed the ten days time mentioned ... A plea of "guilty" or a plea of "nolo contendere" in a felony case must be made in open court by the defendant in person; ... (a) A plea of "guilty" or a plea of "nolo contendere" in a misdemeanor case may be made either by the defendant or his counsel ... When in any county which is located in a judicial district composed of more than one county, a party is charged with a felony and ... (a) The plea of not guilty may be made orally by the defendant or by his counsel in open court. If the defendant refuses to ... The plea of not guilty shall be construed to be a denial of every material allegation in the indictment or information. Under this plea, evidence ... (a) Notwithstanding any provision of this code requiring that a plea or a waiver of a defendant's right be made in open court, a court ... Last modified: August 11, 2007 |