The State of Texas, Appellant v. Billy Rosenbaum, Appellee

Summary

The Court held that a trial court may pre‑trial determine materiality as a matter of law for a motion expressly seeking that determination, but it may not consider evidence beyond the face of the indictment when ruling on a combined motion to quash. Accordingly, the Court reversed the Court of Appeals, set aside the trial court’s order, and remanded for further proceedings.