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LIPSCOMB v. UNITED STATES

No. 8060.

33 F.2d 33 (1929)

LIPSCOMB v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

May 11, 1929.

Attorney(s) appearing for the Case

Frank Hickman, of Tulsa, Okl., for plaintiff in error.

John M. Goldesberry, U. S. Atty., of Tulsa, Okl. (W. B. Blair and Harry Seaton, Asst. U. S. Attys., both of Tulsa, Okl., on the brief), for the United States.

Before STONE, Circuit Judge, and FARIS and SYMES, District Judges.

STONE, Circuit Judge.

This is a writ of error from a judgment of conviction for perjury.

Accused had been indicted for selling alcohol in Tulsa, Okl., on August 11, 1926. His defense was an alibi — that he was in Kansas City, Mo., upon that date. He was acquitted of that charge. Thereafter the present indictment was presented charging perjury in his testimony at the trial of the liquor offense. The indictment sets forth the substance of certain testimony...

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