I have a murder indictment that I think I may have a problem with. I have tried to find a case to give me some guidance but have come up empty. The indictment reads as follows. Let me know what you think:

"The Grand Jurors, for the County of Cameron and State aforesaid, duly organized as such at the January term, 2003 of the 197th Judicial District in and for said County, upon their oaths in said Court, present that DEFENDANT, hereinafter called the Defendant, on or about the DATE, then and there intentionally or knowingly cause the death of an individual, namely, VICTIM, by shooting VICTIM with a firearm,"

The second paragraph goes on to allege felony murder. The problem with paragraph one is that we don't allege venue. I know we go to great lengths to identify that the grand jurors are from Cameron County, but we never explicitly or by reference say the murder occurred in Cameron County. The second paragraph (felony murder) does allege venue, but does that cure the problem with the first?

If it is a problem, can I cure it with a motion to amend?

You should look at Dix & Dawson, 41 Texas Practice sections 20.77 & 20.79. I think you argument should be that "then and there" refers to Cameron County. Dix also seems top say that failure to allege venue means there is no jurisdiction.

The answer is in Ex Parte Hunter, 604 S.W.2d 188 (Crim App 1980). The exact language in our indictment was uphelp stating the "then and there" refers back to the location of the grand jury.