STATE v. ROSENBAUM

No. 974-93.

910 S.W.2d 934 (1994)

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

Court of Criminal Appeals of Texas, En Banc.

Opinion Adopting Dissent on Grant of Rehearing December 6, 1995.


Attorney(s) appearing for the Case

Dick DeGuerin, Houston, for appellant.

Jim W. James, Sp. Prosecutor, Bryan, Robert Huttash, State's Atty. and Carl E.F. Dally, Former First Asst. State's Atty., Austin, for the State.

Before the Court en banc.


OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

MALONEY, Judge.

Appellee was indicted for aggravated perjury pursuant to Texas Penal Code Ann. § 37.03. Prior to trial, appellee filed a motion to determine the validity of the State's evidence of materiality of the alleged false statements in the indictment and a motion to quash the indictment. The trial court conducted a pretrial hearing on appellee's motions and ordered the allegations of...

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