State v. Clarke

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 in ruling on the sufficiency of the indictment. We held that this point of error did not challenge the in pari materia ground raised in the motion to…