Skip to main content
US Criminal Defense.org
Menu

Texas statute

Tex. Code Crim. Proc. art. 28.08 — When defendant is held by order of court

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. 28.08

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. 28.08Primary source, current through the 89th Legislature, 2nd Called Session (2025)
If the motion to set aside the indictment or any exception thereto is sustained, but the court refuses to discharge the defendant, then at the expiration of ten days from the order sustaining such motions or exceptions, the defendant shall be discharged, unless in the meanwhile complaint has been made before a magistrate charging him with an offense, or unless another indictment has been presented against him for such offense.

Official sources

This reference is informational and is not legal advice.