Wagner v. State

HUNSTEIN, Presiding Justice.

Crystal Mae Wagner has been indicted for murder, felony murder, and concealment of a death. The crimes allegedly occurred on February 10, 2005. The State has given notice of its intent to seek the death penalty. This Court granted Wagner’s application for interim review and directed the parties to address five issues. Wagner has raised two additional issues. As set forth below, we reverse the trial court’s overruling a demurrer to Count 2 of the indictment, affirm with direction as to Counts 1 and 3, and affirm as to all other issues raised.

1. Count 2 of Wagner’s…