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SWENZEL v. UNITED STATES

No. 165.

22 F.2d 280 (1927)

SWENZEL et al. v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

November 1, 1927.

Attorney(s) appearing for the Case

Louis Halle, of New York City (Nathan April, of New York City, of counsel), for plaintiffs in error.

Charles H. Tuttle, U. S. Atty., of New York City (J. Edward Lumbard, Jr., Asst. U. S. Atty., of New York City, of counsel), for the United States.

Before SWAN and AUGUSTUS N. HAND, Circuit Judges, and KNOX, District Judge.

AUGUSTUS N. HAND, Circuit Judge (after stating the facts as above).

There seems to be no doubt that there was a proper case made for submission to the jury. In the case of Swenzel, he was close by the brewery, the water and electricity came from his house, and a shirt, which he at first admitted to be his, was found in the brewery. There seems every reason to believe that Swenzel testified falsely about the ownership of this shirt, and also about his ignorance of...

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