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UNITED STATES v. KELLY

No. 74-1535.

540 F.2d 990 (1976)

UNITED STATES of America, Appellee, v. Richard O. KELLY, Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied September 13, 1976.

Attorney(s) appearing for the Case

Philip I. Palmer, Jr. (argued), of Palmer, Palmer & Coffee, Dallas, Tex., for appellant.

John Resich, Asst. U.S. Atty., Los Angeles, Cal. (argued), for appellee.

Before TRASK and GOODWIN, Circuit Judges, and ENRIGHT, District Judge.

Rehearing and Rehearing En Banc Denied September 13, 1976.

ALFRED T. GOODWIN, Circuit Judge:

Richard O. Kelly appeals from a conviction on one count of perjury.1 We affirm.

In February, 1968, Kelly was introduced to William J. Cudd, who appeared to be a man of means. Cudd represented that he possessed considerable wealth in the form of promissory notes issued by the Baptist Foundation of America. Cudd told Kelly he wished...

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