State v. Horstman

OPINION

DAY, Justice.

The State brought this appeal from the trial court’s dismissal of an indictment against Julie Lynne Horstman. See Tex.Code Crim.Proc.Ann. art. 44.01(a)(1) (Vernon Supp.1992). Horstman was charged with engaging in organized criminal activity pursuant to Tex. Penal Code Ann. § 71.-02(a)(3) (Vernon 1989). The indictment was returned on May 8, 1986. Horstman moved that the indictment be quashed for failure to set out all the essential elements of the offense, specifically, that it did not include an allegation of some overt act committed in furtherance of the combination, and…