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UNITED STATES v. WEILER

No. 8496.

143 F.2d 204 (1944)

UNITED STATES v. WEILER.

Circuit Court of Appeals, Third Circuit.

Decided May 31, 1944.

As Amended on Denial of Rehearing July 10, 1944.

Attorney(s) appearing for the Case

Herbert N. Shenkin, of Washington, D. C. (Peter P. Zion, of Philadelphia, Pa., on the brief), for appellant.

Thomas J. Curtin, of Philadelphia, Pa. (Gerald A. Gleeson, U. S. Atty., of Philadelphia, Pa., on the brief), for appellee.

Before MARIS and JONES, Circuit Judges, and BARD, District Judge.

MARIS, Circuit Judge.

The defendant appeals from a judgment of conviction of perjury.1 He contends that his alleged false testimony was not material to the question under inquiry and consequently that the conviction cannot be sustained. Since materiality is a question of law for the court2 we shall examine the prior proceedings to determine whether the testimony was...

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