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Tex. Code Crim. Proc. art. 21.21

REQUISITES OF AN INFORMATION

Applied in 5 court decisions — leading case Vail v. Texas Farm Bureau Mutual Insurance Co. (1988)

Most recently applied in 952 So. 2d 720 - Wooley v. AMCARE HEALTH PLANS OF LOUISIANA, INC. (January 2007)

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

How often courts cite this section

198819902000200710
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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";

2. That it appear to have been presented in a court having jurisdiction of the offense set forth;

3. That it appear to have been presented by the proper officer;

4. That it contain the name of the accused, or state that his name is unknown and give a reasonably accurate description of him;

5. It must appear that the place where the offense is charged to have been committed is within the jurisdiction of the court where the information is filed;

6. That the time mentioned be some date anterior to the filing of the information, and that the offense does not appear to be barred by limitation;

7. That the offense be set forth in plain and intelligible words;

8. That it conclude, "Against the peace and dignity of the State"; and

9. It must be signed by the district or county attorney, officially.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.