Court of Criminal Appeals of Texas

Christopher v. Tita, Appellant, v. the State of Texas

September 10, 20082008 Tex. Crim. App. LEXIS 858

Summary

The Texas Court of Criminal Appeals reversed the lower courts, holding that an indictment must on its face show that the prosecution is not barred by the statute of limitations, requiring the State to plead any tolling facts in the charging instrument. The Court also held that the State is not obligated to prove the prosecution was not limitations‑barred at trial when the defendant does not request a jury instruction on the defense.