Judgment reversed on the law and the facts and a new trial ordered.
Some 10 months before the trial the complaining witness in testifying before the Magistrate and before the Grand Jury had identified appellant as being one of the participants in the crimes. On the trial, however, he at first testified he could not identify appellant. Thereupon, the court excused the jury and informed the witness he had committed perjury at least six times, for which the maximum penalty...
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