DEFECT IN COMPLAINT
Applied in 2 court decisions — leading case Tollett v. State (2007)
Most recently applied in Tollett v. State (April 2007)
Added by Acts 1995, 74th Leg., ch. 478, Sec. 2, eff
(a) A court conducting a trial de novo based on an appeal from a justice or municipal court may dismiss the case because of a defect in the complaint only if the defendant objected to the defect before the trial began in the justice or municipal court.
(b) The attorney representing the state may move to amend a defective complaint before the trial de novo begins.
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.