Asked 7/12/2016 – Houston, TX

In proceedings in state court, the indictment returned did not state either a “time” or a “place” where the act alleged to have been committed occurred. Isn’t this indictment defective? We also found out that there was no grand jury…the court stenographer says in a letter to the court (I have a copy in my possession) that she did not record such a grand jury hearing and therefore no record/minutes exists with the court. How can they have a “True Bill” signed by a “foreman” when there are no minutes to show that an actual grand jury was convened? If a grand jury was convened that issued the said indictment, should there not be minutes to back this up? Should this not be part of the record of the court? Can they have one (indictment) without the other (record/minutes)?

Answer

The requisites of an indictment are outlined in Texas Code of Criminal Procedure Article 21.02