Fogo v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

CAMPBELL, Judge.

The Harris County grand jury indicted appellant, Donald Peter Fogo, for “knowingly makfing] a political contribution in cash [on October 12, 1988] to ... a candidate and officeholder, that exceeded one hundred dollars in aggregate amount in a reporting period.” Shortly after he was indicted, appellant filed a pretrial motion to quash the indictment, pursuant to Tex.Code Crim.Proc. art. 27.08(1), on the ground the indictment failed to allege an offense against a valid penal law of this state. The trial court, after a…