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

Summary

The Court affirmed the Court of Appeals and held that a trial court may hold a pre‑trial hearing and determine materiality as a matter of law for an aggravated perjury indictment under Articles 27.02, 27.03 and 28.01 of the Texas Code of Criminal Procedure, but erred when it allowed the trial court to consider evidence beyond the face of the indictment in a combined motion to quash. The error did not affect the ultimate result, so the judgment was affirmed and the case remanded for further proceedings consistent with this holding. The opinion also notes dissenting and concurring views on the proper scope of pre‑trial authority.