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HERNANDEZ v. STATE

No. 13-87-443-CR.

761 S.W.2d 483 (1988)

Emilio HERNANDEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Denied December 15, 1988.

Attorney(s) appearing for the Case

Reynaldo S. Cantu, Jr., Brownsville, for appellant.

Ben Euresti, Jr., Brownsville, Sharon McRae, San Antonio, for appellee.

Before NYE, C.J., and UTTER and SEERDEN, JJ.

OPINION

NYE, Chief Justice.

A jury found appellant, Emilio Hernandez, guilty of aggravated perjury. The jury assessed as punishment two years' confinement in the Texas Department of Corrections, probated for two years. We reverse the judgment of the trial court and order that a judgment of acquittal be entered.

On January 30, 1987, appellant, Emilio Hernandez, voluntarily appeared before a grand jury. He was placed under oath and advised of the allegations...

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