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STATE v. ROSENBAUM

No. A14-90-00616-CR.

858 S.W.2d 22 (1993)

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

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

July 1, 1993.

Attorney(s) appearing for the Case

Jim W. James, Bryan, for appellant.

Dick DeGuerin, Houston, for appellee.

Before J. CURTISS BROWN, C.J., and SEARS and ELLIS, JJ.

OPINION ON REMAND

SEARS, Justice.

Appellee was indicted for felony perjury. A portion of the indictment was later quashed by the trial court. The State appealed, and on original submission we dismissed for want of jurisdiction because the appeal had been brought by an attorney pro tem and not by the district attorney as required by TEX.CODE CRIM.PROC.ANN. art. 44.01(d) (Vernon Supp.1993) and State v. Muller, 829 S.W.2d 805...

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