LIVINGSTON v. STATE

No. 57632.

589 S.W.2d 395 (1979)

R. L. LIVINGSTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 1.

Rehearing Denied November 28, 1979.


Attorney(s) appearing for the Case

Matt Garcia, San Antonio, James S. Vecchio, Grand Prairie, for appellant.

Tim Curry, Dist. Atty., Marvin Collins, L. Tolly Wilson, Greg Pipes and Ronald G. Knight, Asst. Dist. Attys., Fort Worth, Robert Huttash, State's Atty., Austin, for the State.

Before ONION, P. J., and PHILLIPS and TOM G. DAVIS, JJ.


Rehearing En Banc Denied November 28, 1979.

OPINION

TOM G. DAVIS, Judge.

Appeal is taken from a conviction for aggravated perjury. V.T.C.A. Penal Code, Sec. 37.03. Punishment, enhanced by one prior conviction, was assessed at 14 years and a $5,000 fine.

The basis of appellant's conviction was his testimony to a Tarrant County grand jury.1 This grand jury was investigating

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