State v. Bartee

OPINION

ONION, Justice.1

These appeals are taken by the State from pretrial orders setting aside indictments in trial court nos. 93-CR-7158A and 93-CR-7158B. See Tex.Code CRim.PeocANN. art. 44.01(a)(1) (Vernon Supp.1994); State v. Eaves, 800 S.W.2d 220, 224 (Tex.Crim.App.1990). These orders were on motions to set aside the indictments which attacked the facial validity of the indictments.

These appeals present rather novel and interesting legal questions and are possibly a case of first impression as to whether a white-tailed deer can be the subject of the theft and criminal mischief statutes,…