NCJ Number
80906
Journal
Baylor Law Review Volume: 33 Issue: 4 Dated: (Fall 1981) Pages: 1001-1014
Date Published
1981
Length
14 pages
Annotation
Basic parts of the indictment and the motion to quash an indictment are discussed, along with fundamental and formal defects in indictments, and suggestions are offered to aid the Texas Court of Criminal Appeals in creating a workable test to distinguish fundamental defects from formal defects.
Abstract
An indictment is the written statement of a grand jury accusing a person of some act or omission declared by law to be illegal. Basically, the indictment consists of the caption, the commencement, the charge, and the conclusion. In Texas, the indictment affords the defendant notice of the accusations against her or him and supplies the defendant with a copy thereof. The indictment may contain fundamental defects that are jurisdictional in nature or formal defects that give rise to the defendant's right to a motion to quash and are waived if not objected to. The indictment process has become confused due to the difficulty in distinguishing between fundamental and formal defects, as well as the improper use of the motion to quash as a tool of discovery. Not until the Texas Legislature provides the defendant with a workable tool of discovery similar to the Bill of Particulars in the Federal system will the indictment fully afford the defendant fair notice. Furthermore, a workable tool of discovery is necessary in order to aid the defendant in the preparation of his/her case to avoid unnecessary confusion in the indictment process. A total of 95 footnotes are provided. (Author summary modified)