PHILLIPS, Circuit Judge.
The defendant, John A. Kuskulis, was indicted, tried and convicted of the offense of perjury and has appealed.
The perjury charge was predicated upon testimony given by the defendant in his defense at a prior trial on the charge of subornation of perjury. The indictment, in the instant case, charged that, at such prior trial, the defendant testified he was not at the county court house of Huerfano County, in the city of Walsenburg...
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