KERN v. POE

No. 8204.

8 F.Supp. 942 (1934)

KERN v. POE.

District Court, W. D. Washington, S. D.

May 19, 1934.


Attorney(s) appearing for the Case

McMicken, Ramsey, Rupp & Schweppe, of Seattle, Wash., for plaintiff.

Anthony Savage, formerly U. S. Atty., of Seattle, Wash., De Witt C. Rowland, Asst. U. S. Atty., of Tacoma, Wash., and Thomas R. Winter, Sp. Atty., Bureau of Internal Revenue, and J. Charles Dennis, U. S. Atty., both of Seattle, Wash., for defendant.


CUSHMAN, District Judge (after stating the facts as above).

Concerning plaintiff's claim of acting under duress, one of the tests of the truthfulness of testimony is whether the conduct of the witness at the time of and following the occurrence is consistent with his testimony. The plaintiff testified:

"Q. After they made this statement, that you had to pay the tax or they would bring you to Tacoma, what was done then? What did you say? A. I didn't know what...

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