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McFARLAND v. UNITED STATES

No. 10041.

174 F.2d 538 (1949)

McFARLAND v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Decided April 27, 1949.

Attorney(s) appearing for the Case

Mr. Mark P. Friedlander, of Washington, D. C., for appellant.

Mr. Leroy A. Brill, of Washington, D. C., also entered an appearance for appellant.

Mr. L. Clark Ewing, Assistant United States Attorney, of Washington, D. C., with whom Messrs. George Morris Fay, United States Attorney, John D. Lane and John C. Conliff, Jr., Assistant United States Atorneys, all of Washington, D. C., were on the brief, for appellee.

Before WILBUR K. MILLER and PRETTYMAN, Circuit Judges, and HARRY E. WATKINS, District Judge, sitting by designation.

WILBUR K. MILLER, Circuit Judge.

For many years the appellant, Edgar C. McFarland, lived and worked in the District of Columbia. Whether he changed his domicile to Maryland about September, 1945, though still employed in the District, was the crucial question of fact at his trial for perjury which resulted in the conviction of which he now complains.

In December, 1946, while testifying in his own behalf in a suit for divorce which he had filed in the United...

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