Any body got this language? Case was before 2007 so I believe the statute is 10 years after the victim's 18th birthday. Trial starts today, so a quick reply is appreciated.

Language for what? The jury charge?

Sorry, yes the jury charge.

I could not find a charge but I borrowed some language from CCP Art. 21.02(6)to craft the following suggestion:

"On or about" means that an alleged offense occurred prior to the date of indictment and within the statute of limitations. The statute of limitaions for the offense of _____________ is ___________ years.

(I would prove the date the indictment was returned during your case in chief by calling the clerk as a witness.)

We generally have the trial judge take judicial notice of the date of the filing of the indictment before we close the evidence.

Following is the language we use in our jury charges:
"You are instructed that while the indictment alleges that the offense was committed on or about _______ in ______County, Texas, you are not bound to find that the offense, if any, took place on this specific date, it being sufficient if such time is approximately accurate, and occurring prior to _______, the date of the return of the indictment for said offense(in this case, and is not barred by the statute of limitations."
Then the paragraph stating what the statute of limitations is for that offense.

I like this one a lot better than the one I threw together.

Thanks to all.

quote:

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Originally posted by Gordon LeMaire:
Any body got this language? Case was before 2007 so I believe the statute is 10 years after the victim's 18th birthday. Trial starts today, so a quick reply is appreciated.

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Since the SoL has not run, the new SoL applies. So if this is a sexual assault of child - as it appears - then there is no SoL.

We did a collective, that's right, down here. Thanks