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  5. 817 S.W.2d 64 (1991)
 

STATE v. ENGELKING

Nos. 0918-89, 0919-89.

817 S.W.2d 64 (1991)

The STATE of Texas, Appellant, v. Donald Wayne ENGELKING and Aaron Lambert Sloan, Appellees.

Court of Criminal Appeals of Texas, En Banc.

September 18, 1991.

Attorney(s) appearing for the Case

Stanley G. Schneider, W. Troy McKinney, and Tom Moran, Houston, for appellees.

John B. Holmes, Jr., Dist. Atty., and Winston E. Cochran, Jr., and Mike Roe, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON APPELLEES' PETITIONS FOR DISCRETIONARY REVIEW

BENAVIDES, Judge.

Appellees stand charged in cause numbers 516,136 and 516,042 before the 177th District Court with Possession of Methamphetamine consisting of less than 28 grams. Both filed pretrial motions to dismiss these indictments on the ground of prior acquittal. After a hearing, the trial judge granted the motions and ordered both indictments dismissed. The State appealed to the First Court...

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