Court of Criminal Appeals of Texas

Wilbert James Teal, Appellant v. the State of Texas

March 7, 20072007 Tex. Crim. App. LEXIS 316

Summary

The Court held that the indictment in this case was sufficient to vest the district court with subject‑matter jurisdiction despite omitting the element that the defendant knew the fugitive's felony status, because under Studer the indictment as a whole confers jurisdiction and any substantive defect is waived if not objected to before trial. The Court vacated the Court of Appeals' judgment and remanded for further consideration of the appellant's remaining claims. A concurring opinion agreed with the result but emphasized a different analysis of the indictment defect.