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STATE v. ENGELKING

Nos. 01-88-1143-CR, 01-88-1144-CR.

771 S.W.2d 213 (1989)

The STATE of Texas, Appellant, v. Donald Wayne ENGELKING and Aaron Lambert Sloan, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

Discretionary Review Granted August 30, 1989.

Attorney(s) appearing for the Case

John B. Holmes, Dist. Atty., Winston E. Cochran, Jr., Asst Dist. Atty., Houston, for appellant.

Stanley G. Schneider, W. Troy McKinney, Law Office of Stanley G. Schneider, Houston, for appellees.

Before HUGHES, WARREN and DUNN, JJ.

Discretionary Review Granted (Lambert) August 30, 1989.

OPINION

HUGHES, Justice.

Pursuant to Tex.Code Crim.P.Ann. art. 44.01(a)(1) (Vernon Supp.1989), the State appeals the trial court's dismissal of the indictments charging appellees Donald Wayne Engelking and Aaron Lambert Sloan with possession of less than 28 grams of methamphetamine. Tex.Rev.Civ. Stat.Ann. art. 4476-15, secs. 4.04(b), 4.02(b)(6) (Vernon Supp.1989).

A grand jury originally...

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