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UNITED STATES v. DUNTEN

4 F.2d 616 (1925)

UNITED STATES v. DUNTEN.

District Court, D. Oregon.

March 2, 1925.

Attorney(s) appearing for the Case

John S. Coke, U. S. Atty., and Millar E. McGilchrist, Asst. U. S. Atty., both of Portland, Or.

J. W. McCulloch, of Ontario, Or., for defendant.

WOLVERTON, District Judge.

The defendant is charged with the crime of perjury, committed on October 3, 1921, the indictment for which was returned by the grand jury into court on October 31, 1924. The perjury consists in swearing falsely to final proof made in support of a homestead entry for procuring patent from the United States to the lands comprised by the entry. Defendant has interposed a plea in abatement, on the ground that the indictment was not found and...

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