Court of Criminal Appeals of Texas
Beverly Kirkpatrick, Appellant v. the State of Texas
March 18, 20092009 Tex. Crim. App. LEXIS 378
Summary
The Court of Criminal Appeals of Texas reversed the Court of Appeals' dismissal for lack of subject‑matter jurisdiction and affirmed the trial court's convictions, holding that an indictment returned to a felony‑only court and headed as a felony shows the State’s intent to charge a felony, thereby vesting jurisdiction, and that failure to object to the indictment before trial waives the objection.