Rhodes v. State

Citations

• 29 Tex. 188

Syllabus

<p>The proper mode of amending a record, in regard to an indictment, would be by an order, at the time when the amendment is made, and not by erasing or altering an order entered upon the minutes of the previous term of the court. (Crim. Proced., Art. 508; Paschal’s Dig., Art. 2977.)</p> <p>Every court has the right to judge of its own records and minutes; and if it appear that an order was actually made at a former term, and omitted to be entered by the clerk, the court may at any time direct such order to be entered on the records as of the term when it was made.</p> <p>A record amended, mime pro tunc, stands as if it had never been defective, or as if the entry had been made at the proper time.</p> <p>Where the indictment substantially charges the offense in the language of the statute, it is sufficient. (Paschal’s Dig., Art. 2863, Note 720.)</p>