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CARROLL v. UNITED STATES

No. 152.

16 F.2d 951 (1927)

CARROLL v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

January 10, 1927.

Attorney(s) appearing for the Case

Wellman, Smyth & Scofield, of New York City (Herbert C. Smyth, Harold R. Medina, and Roderic Wellman, all of New York City, of counsel), for plaintiff in error.

Emory R. Buckner, U. S. Atty., of New York City (John M. Harlan and Horace G. Hitchcock, Asst. U. S. Attys., both of New York City, of counsel), for the United States.

Before HOUGH, MANTON, and MACK, Circuit Judges.

MANTON, Circuit Judge.

The indictment charges, in the first three counts, perjury in three separate statements made before the United States grand jury on February 26, 1926. The remaining three counts charge perjury in making the same statements on March 4, 1926, before another grand jury. The first and fourth counts of the indictment allege in substance that the plaintiff in error testified that he did not have in his possession and had no knowledge of the existence...

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