State v. Rutherford

Revised Opinion and Denial of Motion FOR Rehearing

Opinion by:

SARAH B. DUNCAN, Justice.

We withdraw the opinion issued in this case on August 25,1999, and substitute the *668following opinion in its stead. However, we deny Daniel R. Rutherford’s motion for rehearing and do not modify the judgment issued in this case on August 25, 1999.

The State appeals the trial court’s order dismissing the indictment against Daniel R. Rutherford for aggravated perjury and suppressing Rutherford’s grand jury testimony in the related prosecution. We reverse the trial court’s rulings and remand the cause for further…