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STATE v. ROSENBAUM

No. 1005-90.

818 S.W.2d 398 (1991)

The STATE of Texas, Appellant, v. Billy ROSENBAUM, Appellee.

Court of Criminal Appeals of Texas, En Banc.

October 30, 1991.

Attorney(s) appearing for the Case

Jim W. James, Sp. Prosecutor, Bryan, for appellant.

Dick DeGuerin, Houston, Robert Huttash, State's Atty., Austin, for the State, for appellee.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

MILLER, Judge.

This petition involves the State's appeal from an order quashing allegations of materiality in a perjury indictment pursuant to Art. 44.01(d), V.A.C.C.P. In its findings of fact and conclusions of law, the trial court1 found no materiality in the alleged perjurious statements. The State then filed an appeal with the Fourteenth Court of Appeals. Art. 44.01(a)...

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