Blanks v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

Appellant insists that the trial court should have given a peremptory instruction to acquit based on the claim of immunity because of appellant’s testimony given before the grand jury. What that testimony was is sufficiently set out in the original opinion. The immunity statute, Art. 694, P. C., is also copied in the original opinion, but no mention is made of the fact that the learned trial judge took cognizance of such statute. He did charge upon that subject as follows:

“You are instructed that no person is excused from testifying before the Grand Jury…