Walker v. State

Citations

• 7 Tex. Ct. App. 52

Syllabus

<p>1. Indictment. — The objection that an indictment does not show on its face that it was presented in the proper court is not one of substance; but if true in fact, and not cured by amendment, is good cause in support of a motion to quash.</p> <p>2. Same — Minutes of Court. — It is a requirement of the Code that the. fact of the presentment of an indictment in open court by the grand jury shall be entered on the minutes of the proceedings of the court; and this duty should not he neglected.</p> <p>3. Transfer of Causes from the District Courts to Inferior Courts. — The Code requires each district judge, at the end of each term of his court, to make an order transferring to inferior courts such criminal cases as pertain to their jurisdiction, specifying the cases, and the courts to which they are transferred; and the district clerk is required to deliver to such courts the transferred indictments and all papers relating to the cases, and to “accompany each case with a certified copy of all the proceedings taken therein in the District Court,” etc. Held, that the certified copy thus .required of the clerk should comprise the entry on his minutes of the presentment of the indictment by the grand jury, and all other record-entries relating to the case. Note the gucere in McDonald v. The State, post, p. 113.</p> <p>4. Same — Seal of Court. — The certified copy must be authenticated over the seal of the District Court.</p>