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DANAHER v. UNITED STATES

No. 8023.

39 F.2d 325 (1930)

DANAHER v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

February 24, 1930.

Attorney(s) appearing for the Case

Donald G. Hughes, of Minneapolis, Minn. (W. H. McDonald, of Minneapolis, Minn., on the brief), for plaintiff in error.

John S. Pratt, Sp. Asst. to Atty. Gen. (Lafayette French, Jr., U. S. Atty., of Austin, Minn., on the brief), for the United States.

Before STONE and LEWIS, Circuit Judges, and MARTINEAU, District Judge.

LEWIS, Circuit Judge.

Danaher was convicted on seven counts of an indictment each of which purported to charge him with subornation of perjury. Sections 231 and 232 of title 18 USCA. By making the terms cumulative he was then sentenced to confinement in the penitentiary for 23 years.

Section 231 reads:

"Whoever, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to...

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