Texas Code Of Criminal Procedure Title 1, Chapter 21 - Indictment And Information
- Texas Article 21.01 - "Indictment"
An "indictment" is the written statement of a grand jury accusing a person therein named of some act or omission which, by law, is declared...
- Texas Article 21.011 - Filing Of Charging Instrument Or Related Document In Electronic Form
(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...
- Texas Article 21.02 - 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...
- Texas Article 21.03 - What Should Be Stated
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....
- Texas Article 21.04 - The Certainty Required
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...
- Texas Article 21.05 - Particular Intent; Intent To Defraud
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...
- Texas Article 21.06 - Allegation Of Venue
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...
- Texas Article 21.07 - Allegation Of Name
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...
- Texas Article 21.08 - Allegation Of Ownership
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....
- Texas Article 21.09 - Description Of Property
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...
- Texas Article 21.10 - "Felonious" And "Feloniously"
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....
- Texas Article 21.11 - Certainty; What Sufficient
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...
- Texas Article 21.12 - Special And General Terms
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...
- Texas Article 21.13 - Act With Intent To Commit An Offense
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...
- Texas Article 21.14 - Perjury And Aggravated Perjury
(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...
- Texas Article 21.15 - Must Allege Acts Of Recklessness Or Criminal Negligence
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...
- Texas Article 21.16 - Certain Forms Of Indictments
The following form of indictments is sufficient: ""In the name and by authority of the State of Texas: The grand jury of ............ County, State...
- Texas Article 21.17 - Following Statutory Words
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...
- Texas Article 21.18 - Matters Of Judicial Notice
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...
- Texas Article 21.19 - Defects Of Form
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...
- Texas Article 21.20 - "Information"
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...
- Texas Article 21.21 - Requisites Of An Information
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";...
- Texas Article 21.22 - Information Based Upon Complaint
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...
- Texas Article 21.23 - Rules As To Indictment Apply To Information
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....
- Texas Article 21.24 - Joinder Of Certain Offenses
(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...
- Texas Article 21.25 - When Indictment Has Been Lost, Etc
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...
- Texas Article 21.26 - Order Transferring Cases
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...
- Texas Article 21.27 - Causes Transferred To Justice Court
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...
- Texas Article 21.28 - Duty On Transfer
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...
- Texas Article 21.29 - Proceedings Of Inferior Court
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...
- Texas Article 21.30 - Cause Improvidently Transferred
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...
- Texas Article 21.31 - Testing For Aids And Certain Other Diseases
(a) A person who is indicted for or who waives indictment for an offense under Section 21.02, 21.11(a)(1), 22.011, or 22.021, Penal Code, shall, at...
Last modified: September 28, 2016