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SPAETH v. UNITED STATES

No. 12669.

232 F.2d 776 (1956)

Dr. Alexander V. SPAETH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Sixth Circuit.

May 1, 1956.

Attorney(s) appearing for the Case

Timothy F. McMahon, William J. Corrigan, Cleveland, Ohio, John C. Ray, Detroit, Mich., on brief, for appellant.

James J. Carroll, Sumner Canary, Cleveland, Ohio, Russell E. Ake, Canton, Ohio, on brief, for appellee.

Before SIMONS, Chief Judge, and MARTIN and STEWART, Circuit Judges.

MARTIN, Circuit Judge.

This is the second appeal by Dr. Alexander V. Spaeth from a judgment of conviction and sentence on the verdict of a jury, finding him guilty of perjury.

The opinion of this court on the first appeal, reversing the judgment of the district court and remanding the case for a new trial, is published in 6 Cir., 218 F.2d 361. We held, among other things, that the defendant was entitled to an instruction based...

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