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STATE v. TURNER

No. B14-93-00281-CR.

868 S.W.2d 351 (1993)

The STATE of Texas, Appellant, v. Charlie TURNER, Jr., Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Opinion Overruling Motion for Rehearing January 20, 1994.

Rehearing Denied January 20, 1994.

Attorney(s) appearing for the Case

Mary Lou Keel, Houston, for appellant.

Vernon Hankins, Houston, for appellee.

Before MURPHY, SEARS and DRAUGHN, JJ.

OPINION

SEARS, Justice.

The State appeals from the dismissal of an indictment. On April 14, 1992, Appellee was indicted for theft of money, on or about August 29, 1987, from Preferred Risk. On January 11, 1993, the State reindicted the Appellee, alleging theft, on or about August 29, 1987, from John Beury. The second indictment did not contain an allegation contending the tolling of limitations. On January 13, 1993, the original indictment was dismissed...

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