
    No. 6131.
    J. M. Woodall v. The State.
    Practice—Service oe Indictment—Postponement.—It is provided by the statutes of this State that, in felony cases, when the accused is in custody, he is entitled to service of a copy of the indictment against him as soon as the same is presented by the grand jury, and that in all cases wherein the accused is entitled to service of a copy of the indictment, he is likewise entitled to two days after service in which to file written pleadings. The action of the trial court in this case, in forcing the defendant to trial instanter upon service of a copy of the indictment was error.
    Appeal from the District Court of Knox. Tried below before the Hon. J. V. Cockrell.
    This conviction was for horse theft, and the penalty assessed was a term of five years in the penitentiary.
    The disposition made of this appeal dispenses with a statement of the case. z
    No brief for the appellant has reached the Eeporters.
    
      W. L. Davidson, Assistant Attorney General, for the State.
   White, Presiding Judge.

On this appeal the Assistant Attorney General, on the part of the State, confesses error. Appellant was indicted for horse theft. When the case was called for trial the State announced ready and the defendant announced not ready, because he had been in custody since his arrest and had never been served with a copy of the indictment preferred against him. He demanded a copy of the indictment and a postponement of the trial for two days after service thereof. A postponement was refused by the court, who ordered a copy of the indictment to be prepared and served instanter, which was done, and then, over objections of defendant, the court ordered him to announce and proceeded with the trial.

It is provided by statute that in every case of felony when the accused is in custody, as soon as the indictment against him is presented, a certified copy of the same shall be made out and served upon him (Code Crim. Proc., arts. 504, 505), audit is further expressly provided that “in cases where the defendant is entitled to be served with a copy of the indictment he shall be allowed two days time to file written pleadings after such service. (Code Crim. Proc. , art. 532.)

Opinion delivered June 13, 1888.

Because the court erred in refusing to postpone the trial for two days, after service of the indictment, at the request of defendant, the judgment is reversed and the cause remanded.

jReversed and remanded.  