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PAWLEY v. UNITED STATES

No. 6318.

47 F.2d 1024 (1931)

PAWLEY v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

March 9, 1931.

Attorney(s) appearing for the Case

Anderson & Conway, Earl Anderson, and Joseph W. Conway, all of Phoenix, Ariz., for appellant.

John C. Gung'l, U. S. Atty., and Norman S. Hull, Asst. U. S. Atty., both of Tucson, Ariz., J. S. Wheeler, Asst. U. S. Atty., of Phoenix, Ariz. and B. G. Thompson, Asst. U. S. Atty., of Tucson, Ariz.

Before RUDKIN, WILBUR, and SAWTELLE, Circuit Judges.

RUDKIN, Circuit Judge.

This is an appeal from a judgment of conviction for the crime of perjury. The sufficiency of the indictment under which the conviction was had is challenged upon two grounds: First, because the court in which the oath was administered was not described; and, second, because the indictment did not properly negative the truth of the false testimony by affirmative averments setting forth the truth by way of antithesis.

Section 558 of title...

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