State v. Hancox

OPINION ON DISMISSAL OF STATE’S APPEAL

JOE SPURLOCK, II, Justice.

TEX.CODE CRIM.PROC.ANN. art. 44.-01(a)(1) (Vernon Supp.1988) 1 gives the State the right to appeal certain orders and rulings of the trial court, including an order which “dismisses an indictment [or] information, ... or any portion of an indictment [or] information....”

In the case at bar, the State appeals from an order which arguably quashes an information. The appellee (defendant below) has filed a motion to dismiss the State’s appeal for want of jurisdiction, contending that the order quashing the information is not the same…