ARENA v. UNITED STATES

No. 14516.

226 F.2d 227 (1955)

James ARENA, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied November 7, 1955.


Attorney(s) appearing for the Case

A. J. Zirpoli, C. Harold Underwood, San Francisco, Cal., for appellant.

Lloyd H. Burke, U. S. Atty., Robert H. Schnacke, Richard H. Foster, Asst. U. S. Attys., San Francisco, Cal., for appellee.

Before DENMAN, Chief Judge, and ORR and LEMMON, Circuit Judges.


LEMMON, Circuit Judge.

In a perjury case, the rule requiring corroboration of a single witness as to the falsity of the defendant's testimony is, like Iago's wine, "a good familiar creature, if it be well used."1

But when the rule is perverted so as to require the prosecution to "prove its case twice", it cannot be said to be "well used".

The appellant, however, professes that he "does not contend that the government should...

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