Case Citator › American Plant Food Corporation v. State

American Plant Food Corporation v. State

Is it still good law? What later courts have actually done to this case.

Superseded by statute
Court
Texas Court of Criminal Appeals
Citation
508 S.W.2d 598
Decided
Confirmed treatments
1
Flagged citations read
29 of 29
Citing cases (total)
29
Treatment dates
2004
Superseded by statute
A reviewed court treats this case as superseded by later legislation. The 1987 amendments to the Texas Constitution and Code of Criminal Procedure superseded American Plant Food Corporation v. State's rule allowing an indictment challenge for the first time after judgment when the charge omitted an offense. A later decision confirming that change is listed below.
More on how this was screened

All 29 flagged citations have been read; the case's other holdings are not displaced by that change.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

29 later cases cite American Plant Food Corporation v. State; 29 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on American Plant Food Corporation v. State?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Superseded by statute

  • The 1987 constitutional and statutory amendments displaced American Plant Food's rule for postjudgment challenges to indictments.

    Eric Dewayne White v. State · Texas Court of Appeals, Seventh District (Amarillo) · filed

    In support of his proposition that reversal is required, he relies upon American Plant Food Corp. v. State, 508 S.W.2d 598 (Tex. Crim. App. 1974). However, the proposition espoused in cases such as American Plant Food was superseded in the 1987 amendments to article V, section 12(b) of the Texas Constitution and by the change in article 1.14 of the Texas Code of Criminal Procedure.
    Read the full opinion on CourtListener →

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