Clampitt v. State

Citations

• 3 Tex. Ct. App. 638

Syllabus

<p>1. Lost Indictment, how Supplied. — The Code provides that, “ when an indictment has been lost or mislaid, the district attorney may suggest the fact to the court, and the same shall he entered upon the minutes of the court, and in such case another indictment may be substituted, upon the imiten statement of the district attorney that it is substantially the same as that which has been lost or mislaid.” Compliance with this provision is not shown by a record-entry as follows: “Loss of papers suggested; the county attorney has leave to substitute the same,” followed with a substitute indictment, certified by the attorney.</p> <p>2. Same. — The suggestion of loss should be in writing, should set out the facts, and be entered on the minutes of the court; and, upon the presentation of the indictment prepared as the substitute, accompanied by a written statement of the district or county attorney that it is substantially the same as that lost, an order of the court should be entered, showing that the substitution was allowed and made.</p> <p>8. Oath to the Jury.—Article 563 of the Code of Criminal Procedure (Pose. Dig., art. 3029) prescribes the oath to be administered to the jury in trials for capital as well as other offenses. It superseded the jury oath prescribed for capital cases by the act of 1846, and embodied in article 3990 of Paschal’s Digest.</p> <p>4. Charge of the Court—Pile-mark. — The record of a felony case must show that the charge of the court was filed. Failure to file the charge in such a case is fatal to a judgment of conviction.</p>