Texas statute

Tex. Code Crim. Proc. art. 28.05 — Quashing indictment in felony

Current through 89th Legislature, 2nd Called Session (2025)

Part of Chapter 28: MOTIONS, PLEADINGS AND EXCEPTIONS, Texas Code of Criminal Procedure.

Full text of Tex. Code Crim. Proc. art. 28.05

Statutory text current through the 89th Legislature, 2nd Called Session (2025). This publication reproduces the official statutory text; it is not the official statutes of the State of Texas.

Tex. Code Crim. Proc. art. 28.05Primary source, current through the 89th Legislature, 2nd Called Session (2025)

If the motion to set aside or the exception to the indictment in cases of felony be sustained, the defendant shall not therefor be discharged, but may immediately be recommitted by order of the court, upon motion of the State's attorney or without motion; and proceedings may afterward be had against him as if no prosecution had ever been commenced.

Official sources

Tex. Code Crim. Proc. art. 28.05 (official source deep link)
Official OLLS publication (Title download)

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