Garner v. State

Citations

• 36 Tex. 693

Syllabus

<p>1. An indictment for theft is fatally defective when it fails to charge that the property stolen was taken from the possession of any one.</p> <p>2. A clerk of the District Court should, in certifying his official acts, use such a signature as will designate the court of which he is the clerk. The mere affix of the word “ clerk” is not sufficient.</p> <p>3. Quœre: Has this court authority to grant a rehearing in a criminal case after the judgment of conviction has been reversed?</p> <p>4. In this appeal by a defendant convicted of theft, the indictment as copied in the transcript was fatally defective; but the Attorney-General submitted the cause to this court, and the judgment below was reversed on account of the defect. Subsequently the Attorney-General moved for a rehearing, on the ground that there was a diminution of the record, and that the apparent defect in the indictment was caused by a mistake of the district clerk in transcribing the indictment. Held, to be the better practice to refuse the rehearing.</p>