
    MARTIN v. STATE.
    (No. 4205.)
    (Court of Criminal Appeals of Texas.
    Oct. 18, 1916.)
    Criminal Law <&wkey;265 — Indictment—Service of Copy — Time to File Pleadings.
    One arrested after return of indictment is within Code Cr. Proc. 1911, art. 551, providing that when accused is in custody, or, if not in custody, as soon as he is arrested, he shall be served with a copy of the indictment; and so is entitled to the benefit of article 579, giving a defendant entitled to service of indictment two days after such service in which to file written pleadings.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 616, 617; Dee. Dig. &wkey;265.]
    Appeal from District Court, Somervell County; W. J. Oxford, Judge.
    Boone Martin was convicted, and appeals.
    Reversed and remanded.
    Levi Herring, of Glen Rose, and W. E. Myres, of Cleburne, for appellant. C. C. McDonald, Asst. Atty. Gen., for the State.
   HARPER, J.

Appellant was indicted and the indictment returned into court on May 23, 1916. He was arrested on that day and gave bond. No copy of the indictment was served on him. When the case was called for trial on May 29th, six days after the return of the indictment, appellant filed a motion stating that he had not been served with a copy of the indictment against him, and he asked that the officers of the court be required to deliver him a certified Copy and that he be granted two days after such service before being required to plead to the indictment. The court overruled the motion, and appellant reserved an exception to being forced to trial without being served with a copy of the indictment. . The court in approving the bill states as reasons for doing so that he construes article 551, Code Cr. Proc., to mean that it is only those in custody at the time of the return of the indictment who are entitled to a copy. In this we think he erred. The article provides that when the accused is in custody, or, if not in custody, as soon as he is arrested, he shall he served with a copy of the indictment. This is not only the letter of the law, but the construction given by this court to the article in an unbroken line of decisions. Article 579 provides that he shall be entitled to two days after service of copy 'of indictment in which to file written pleadings.

The judgment is reversed, and the cause remanded. 
      <&wkey;For other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes
     