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.