Joel v. State

Decided December 15, 1866

Texas Supreme Court · decided 1866-12-15

The case was tried before Hon. John Ireland, one of the district judges. The appellant was indicted at the fall term, 186.6, for theft of a shirt. The indictment charged the offense to have heen committed on the 25th of bTovember, 1866, that being the same day as that on which the indictment-was returned into court.

Cited by 2 later decisions — most recently October 1938

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1866-12-15

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Donley, J.

¶1—The sixth division of article 395 of the Code of Criminal Procedure, in defining what shall be *644sufficient allegations in an indictment, provides that the time mentioned must be some date anterior to the presentment of the indictment.

¶2The indictment in this case alleges the offense to have been committed on the 25th day of ¡November, 1866, the same day on which the indictment was returned and filed in the court.

¶3There is no allegation that the offense was committed anterior to the finding by the grand jury. This allegation is a positive requisition of the law, and must be observed, The judgment is reversed, and the cause

¶4¡Dismissed.