Turner v. State

Citations

• 21 Tex. Ct. App. 198
• 18 S.W. 96
• 1886 Tex. Crim. App. LEXIS 118

Syllabus

<p>Practice.—Article 544 of the Code .of Criminal Procedure provides that, if a “ motion to set aside an indictment or information, or an exception to the same, is sustained, the defendant, in a case of misdemeanor, shall be discharged but may be again prosecuted within the time allowed by law.” The defendant in such case cannot be held, as in a felony case, but must he discharged; and this rule applies whether the indictment is set aside on the motion of the State or on the motion of the defendant. In this case, after the defense announced ready, the county attorney quashed the information because of a fatal defect, and filed another instanter. The defendant asked leaye to withdraw his announcement, because not ready to answer to the new information, which application was refused, and the trial on the new information was proceeded with. Held, error, and that the defendant was entitled to bis discharge, and was not triable until arrested under the new information.</p>