Court of Criminal Appeals of Texas

Grafton Leroy Riney, Appellant v. the State of Texas

October 4, 20002000 Tex. Crim. App. LEXIS 88

Summary

The Court of Criminal Appeals held that an indictment may be amended by interlineating a photocopy or duplicate and incorporating it into the record, provided the defendant consents, overruling Ward's requirement that only the original indictment may be physically interlineated. Accordingly, the Court reversed the Court of Appeals' acquittal and remanded for further consideration of the remaining issues. Justice Johnson filed a concurring opinion, and Justice Holland dissented, arguing that the original‑indictment interlineation rule should be retained.