HILLIARD v. UNITED STATES

No. 4995.

24 F.2d 99 (1928)

HILLIARD v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

February 7, 1928.


Attorney(s) appearing for the Case

Frank Clark and Frank Clark, Jr., both of Miami, Fla., for plaintiff in error.

Wm. M. Gober, U. S. Atty., of Tampa, Fla., and Francis L. Poor, Asst. U. S. Atty., of Jacksonville, Fla.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


FOSTER, Circuit Judge.

Plaintiff in error, hereafter called defendant, was convicted of perjury after the overruling of a demurrer to the indictment, to which action of the court error is assigned.

The indictment is inartificially drawn. After the jurisdictional and other formal allegations, which show that defendant was a witness on the trial of certain named persons, the indictment quotes some 20-odd questions and answers, forming part of defendant's testimony...

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