MILLER v. UNITED STATES

No. 15405.

224 F.2d 561 (1955)

Rose MILLER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 9, 1955.


Attorney(s) appearing for the Case

G. W. Gill, New Orleans, La., Ray Sandstrom, Hollywood, Fla., Albert M. Lehrman, Miami Beach, Fla., for appellant.

J. Edward Worton, Asst. U. S. Atty., James L. Guilmartin, U. S. Atty., Miami, Fla., for appellee.

Before HUTCHESON, Chief Judge, JONES, Circuit Judge, and WRIGHT, District Judge.


PER CURIAM.

The appellant was indicted for perjury under 18 U.S.C.A. § 1621. The indictment was in a single count containing a number of specifications charging false testimony before a grand jury regarding appellant's relationship to several named persons. At the conclusion of the Government's case, the appellant made a motion for acquittal. The trial court denied the motion but said that the jury would be instructed to disregard the evidence except as related...

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