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CLAIBORNE v. UNITED STATES

No. 10118.

77 F.2d 682 (1935)

CLAIBORNE v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied June 10, 1935.

Attorney(s) appearing for the Case

William L. Vandeventer, of Springfield, Mo. (Calvin, Vandeventer & Kimbrell, of Kansas City, Mo., on the brief), for appellant.

Thomas A. Costolow, Asst. U. S. Atty., of Kansas City, Mo. (Maurice M. Milligan, U. S. Atty., and Randall Wilson and Sam C. Blair, Asst. U. S. Attys., all of Kansas City, Mo., on the brief), for the United States.

Before STONE, SANBORN, and FARIS, Circuit Judges.

SANBORN, Circuit Judge.

The appellant was indicted for perjury, under section 231, title 18, U. S. C. (18 USCA § 231), and was tried, found guilty, and sentenced. From the judgment of conviction, he has appealed. (He will be referred to as the defendant.)

On August 12, 1933, at about 1 o'clock in the morning, Thomas B. Bash, the sheriff of Jackson county, Mo., with his wife, his deputy, Lawrence Hodges, and a little girl, were in an automobile in Kansas...

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