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BOEHM v. UNITED STATES

No. 11799.

123 F.2d 791 (1941)

BOEHM v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied November 26, 1941.

Attorney(s) appearing for the Case

John S. Leahy and William O'Herin, both of St. Louis, Mo. (McMahon, Dean & Gallagher, of Washington, D. C., on the brief), for appellant.

Herbert S. French, Sp. Asst. to the Atty. Gen., and Harry C. Blanton, U. S. Atty., of Sikeston, Mo. (James R. Sharp and George Jaffin, Sp. Attys., Department of Justice, both of Washington, D. C., and Russell Vandivort, Asst. U. S. Atty., of St. Louis, Mo., on the brief), for appellee.

Before GARDNER, WOODROUGH, and THOMAS, Circuit Judges.

WOODROUGH, Circuit Judge.

This appeal is taken to reverse the conviction and sentence of appellant upon counts 4 and 5 of an indictment duly returned against him. He was acquitted on counts 1, 2 and 3. Counts 4 and 5 charged perjury committed by the defendant in violation of 18 U.S.C.A. § 231, which reads as follows:

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

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