STATE v. LEIGHTON

No. 78-755.

365 So.2d 397 (1978)

STATE of Florida, Appellant, v. John LEIGHTON, a/k/a Jock Leighton, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 17, 1979.


Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, Basil S. Diamond and Charles W. Musgrove, Asst. Attys. Gen., West Palm Beach, for appellant.

Joe M. Mitchell, Jr., Melbourne, for appellee.


BERANEK, Judge.

The trial court dismissed an Information charging the defendant with perjury by falsely swearing in an official proceeding. We reverse. The proceeding in question was an investigation by the State Attorney's Office to which defendant was subpoenaed to testify. He made certain statements which formed the basis for a subsequent Information charging perjury under § 837.02, Fla. Stat.

On motion of the defendant the trial court dismissed the...

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