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SMITH v. UNITED STATES

No. 10570.

169 F.2d 118 (1948)

SMITH v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

June 21, 1948.

Attorney(s) appearing for the Case

Henry C. Lavine, of Cleveland, Ohio, for appellant.

Marcus L. Friedman, of Toledo, Ohio (Don C. Miller, of Cleveland, Ohio, and Marcus L. Friedman, of Toledo, Ohio, on the brief), for appellee.

Before MARTIN, McALLISTER, and MILLER, Circuit Judges.

MARTIN, Circuit Judge.

Appellant, J. Robert D. Smith, was sentenced to three years' imprisonment upon conviction by jury verdict of wilful and corrupt perjury in violation of section 125 of the Criminal Code, Title 18, section 231, U.S.C.A. He insists that the District Court committed reversible error in overruling his motion for a directed verdict of acquittal and in declining to discharge him for the alleged reason that there was insufficient evidence of perjury...

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