Shehane v. State

Citations

• 13 Tex. Ct. App. 533
• 1883 Tex. Crim. App. LEXIS 45

Syllabus

<p>1. Theft—Practice.—Subject to statutory restrictions, the order and regulation of business hi the trial courts is under their discretionary control, and not revisable on appeal when no prejudice to the appellant is shown. It was not error, therefore, despite objection by the defense, to proceed with a trial for theft during the postponement of a rape case for a day in order to complete the jury therein.</p> <p>2. Same—Substitution of an Indictment.—Article 484 of the Code of Criminal Procedure provides that an indictment may be substituted only when the original has been lost, mislaid, mutilated or obliterated. It being shown that the original indictment in this case was on file in the clerk’s office in this court, where it was sent on a former appeal for the inspection of this court, which fact was within the knowledge of the parties, by whom it could have been obtained by taking proper steps, the original cannot be held to have been lost, mislaid, mutilated or obliterated, and a substitution thereof was unauthorized.</p>