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JENCKS v. UNITED STATES

No. 15157.

226 F.2d 540 (1955)

Clinton E. JENCKS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 1, 1955.

Attorney(s) appearing for the Case

E. B. Elfers, El Paso, Tex., John T. McTernan, Los Angeles, Cal., for appellant.

Holvey Williams, Asst. U. S. Atty., El Paso, Tex., Russell B. Wine, U. S. Atty., San Antonio, Tex., Brandon Alvey, Atty., Dept. of Justice, Washington, D. C., for appellee.

Before TUTTLE, CAMERON and JONES, Circuit Judges.

CAMERON, Circuit Judge.

Appellant was convicted of violating Title 18 U.S.C.A. § 1001 by making false statements to National Labor Relations Board, a government agency. The indictment was in two counts, charging that, on April 28, 1950, he executed N.L.R.B. Form 1081 pursuant to Section 159(h), Title 29 U.S.C.A., same being the Non-Communist Affidavit of a Union Officer. Count One charged that appellant falsely stated in the affidavit that he was not then a member...

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