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PEMBERTON v. UNITED STATES

No. 1127.

76 F.2d 596 (1935)

PEMBERTON v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

April 8, 1935.

Attorney(s) appearing for the Case

Karl V. King, of Salt Lake City, Utah (Samuel A. King, of Salt Lake City, Utah, on the brief), for appellant.

John S. Boyden, Asst. U. S. Atty., of Salt Lake City, Utah (Dan B. Shields, U. S. Atty., of Salt Lake City, Utah, and Scott M. Matheson, Asst. U. S. Atty., of Cedar City, Utah, on the brief), for the United States.

Before LEWIS and PHILLIPS, Circuit Judges, and KENNEDY, District Judge.

LEWIS, Circuit Judge.

Appellant was tried, convicted and sentenced to three years imprisonment in the penitentiary on an indictment charging perjury. 18 USCA § 231. The substance of appellant's assignments of error is: (1) The Court erred in refusing to grant his motion to instruct the jury to return a verdict of not guilty. (2) The Court erred in denying his motion for a new trial upon the grounds specified therein, particularly upon the ground of newly discovered...

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