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Texas Code of Criminal Procedure

§ 28.08 — WHEN DEFENDANT IS HELD BY ORDER OF COURT

CR § 28.08Title 1. CODE OF CRIMINAL PROCEDURE · Ch. 28. MOTIONS, PLEADINGS AND EXCEPTIONS

Statute text

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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.

Legislative history

Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966.

Source: Texas Code of Criminal Procedure § 28.08 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.