# Urban v. State

> Court of Criminal Appeals of Texas · January 13, 1965 · 387 S.W.2d 396

URL: https://www.frixlaw.com/law-library/cases/9857375

## Case

- **Full name:** Harry Remer URBAN, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** January 13, 1965
- **Citations:** 387 S.W.2d 396
- **Precedential status:** Published
- **Opinion:** On rehearing by Morrison
- **Judges:** McDonald, Morrison, Woodley
- **Cited by:** 13 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled on other grounds by Smith v. State, 1970 Tex. Crim. App. LEXIS 1366 (1970).
- Negative treatments: 1
- Distinguished by: 1
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9857375

## Opinion text

ON STATE’S MOTION FOR REHEARING
MORRISON, Judge.
To sustain this conviction it was essential that the State offer proof for the jury’s consideration that the offenses occurred within a 12 months period next preceding the filing of the indictment.
The State has filed an extensive brief in which are cited a number of cases dealing with the construction of instruments and pleadings or a collateral attack thereupon, but not a single case in which the question of the sufficiency of the evidence was being discussed. So at most what went before the jury was a stamp on the back of the indictment. The indictment bears the name, “Mrs. Thornton, Clerk of Court”, as a witness, and yet she was not called. We should not be asked to affirm a conviction without proper proof of an integral element of the case when proof was available and not offered.
The State’s motion for rehearing is overruled.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9857375. Public record. Not legal advice.