Terrell v. State

Citations

• 41 Tex. 463

Syllabus

<p>1. Mistake made by clerk in date of filing an indictment not material.—If an indictment be found and returned by the grand jury in the District Court, and then filed by the clerk, its validity is not affected by a mistake made by the clerk in the date of his entry in endorsing upon it the date of the filing. Such mistake cannot avail to sustain a motion in arrest of judgment.</p> <p>2. Arrest of judgment.—Exceptions for matters of form in the indictment, or clerical mistakes, must he taken before dr at the trial. For such defects a motion in arrest of judgment cannot avail.</p> <p>3. Proof of venue.—The venue of an offense charged to have been committed in Smith county is sufficiently proved by evidence that it was committed in Tyler; the statutes providing for holding the Supreme Court in Tyler recognizing it as the county seat of Smith county.</p>