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 of Criminal Appeals held that a charging instrument that fails to charge a specific person does not satisfy the constitutional definition of an indictment and therefore does not vest the trial court with jurisdiction. Because the indictment in this case omitted the defendant's name, the conviction was void and the judgment of the Court of Appeals was reversed and remanded for dismissal of the prosecution.