PEOPLE v. MAESTAS

No. 77-892.

606 P.2d 864 (1978)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Frank Everly MAESTAS, Defendant-Appellant.

Colorado Court of Appeals, Division II.

Rehearing Denied October 19, 1978.

Certiorari Granted January 15, 1979.


Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Sharon S. Metcalf, J. Stephen Phillips, Asst. Attys. Gen., Denver, Colo., for plaintiff-appellee.

Gerash & Springer, P. C., Walter L. Gerash, Jeffrey A. Springer, Denver, for defendant-appellant.


RULAND, Judge.

Frank Everly Maestas appeals his jury conviction of first degree perjury, § 18-8-502, C.R.S.1973, before a grand jury. We reverse.

The record reflects that the El Paso County grand jury was investigating local heroin traffic. The defendant testified before the grand jury that he did not know George Apodaca and that he had never been in a car with him. This testimony was the basis of his jury conviction.

At an in-camera hearing to...

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