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STATE v. CLARKE

Nos. 13-93-553-CR, 13-93-554-CR.

880 S.W.2d 854 (1994)

The STATE of Texas, Appellant, v. Kenneth Fred CLARKE, Appellee.

Court of Appeals of Texas, Corpus Christi.

July 14, 1994.

Attorney(s) appearing for the Case

John B. Holmes, Jr., Dist. Atty., J. Harvey Hudson, Nielsen Hans, Calvin A. Hartmann, Asst. Dist. Attys., Houston, for appellant.

James Patrick Sharp, Houston, for appellee.

Before SEERDEN, C.J., and DORSEY and FEDERICO G. HINOJOSA, Jr., JJ.

OPINION ON MOTION FOR REHEARING

DORSEY, Justice.

On motion for rehearing, we reconsider our previous opinion and holding, reverse the judgment of the court below and remand the cause for trial.

On original submission we affirmed the judgment below because the State did not contest on appeal each ground on which the order quashing the indictment could have been based. The State's sole point of error was that the court erroneously considered evidence...

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