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I am in trial on an aggregated theft case. Indictment alleges thefts occurred between 2002 and 2007. Evidence shows they started back in 2000.

Am I right that the jury can consider the amounts from 2000 and 2001, even though they are not alleged in the indictment?

My theory is that they occured prior to the time of indictment and within the statute of limitations.
 
Posts: 146 | Location: Vernon, Texas | Registered: February 02, 2007Reply With QuoteReport This Post
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You are correct.
 
Posts: 1029 | Location: Fort Worth, TX | Registered: June 25, 2001Reply With QuoteReport This Post
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You are correct. You can get an instruction to the jury that if they find that the offense was committed prior to the indictment but within the statutory limitation period that they should find the date to be as alleged, assuming your indictment reads "on or about"
 
Posts: 622 | Location: San Marcos | Registered: November 13, 2003Reply With QuoteReport This Post
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