Court of Criminal Appeals of Texas

Larry Neil Cook, Appellant v. the State of Texas, Appellee

June 28, 19951995 Tex. Crim. App. LEXIS 78

Summary

The Court held that a charging instrument must name a person to constitute an indictment under the Texas Constitution; because the indictment in this case omitted the defendant's name, it was not an indictment and therefore did not vest the trial court with jurisdiction, rendering the conviction void. The judgment of the Court of Appeals was reversed and the case remanded for dismissal of the prosecution.