[Download] "State Texas v. Tracy Christine Duke and Julie Lynn Horstman" by Supreme Court Of Utah ~ eBook PDF Kindle ePub Free
eBook details
- Title: State Texas v. Tracy Christine Duke and Julie Lynn Horstman
- Author : Supreme Court Of Utah
- Release Date : January 10, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
The State charged appellees with engaging in organized criminal activity pursuant to V.T.C.A. Penal Code, ? 71.02(a)(3). Both sought to have the indictments quashed because they did not allege an overt act committed in furtherance of the combination and did not name the other members of the combination. The trial court granted each motion and the State appealed pursuant to Article 44.01(a)(1), V.A.C.C.P. The Court of Appeals affirmed. State v. Duke, No. 2-91-139-CR (Tex.App. -Fort Worth, delivered April 1, 1992) (opinion on States motion for rehearing); State v. Horstman, 829 S.W.2d 903 (Tex.App. -Fort Worth 1992). We granted the States petitions for discretionary review in both cases to determine (1) if an allegation of an overt act committed by the defendant is required within the indictment and, if so, whether such requirement is satisfied by an allegation that the defendant committed the object offense of aggravated promotion of prostitution with intent to establish, maintain or participate in a combination of its profits; (2) whether an organized criminal activity indictment must allege, as an element of the offense, the names of the other members of the combination; and, (3) whether the indictments sufficiently alleged aggravated promotion of prostitution. We also granted review in Horstman to determine if the offense of aggravated promotion of prostitution requires the prostitution enterprise to be composed of at least two prostitutes other than the defendant.