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BROWN v. UNITED STATES

No. 15665.

245 F.2d 549 (1957)

G. Elmer BROWN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

June 28, 1957.

Attorney(s) appearing for the Case

Thomas C. Quinlan, Omaha, Neb. (Raymond M. Crossman, Omaha, Neb., on the brief), for appellant.

William C. Spire, U. S. Atty., Omaha, Neb. (J. Frank Cunningham, Attorney, Criminal Division, Department of Justice, Washington, D. C., on the brief), for appellee.

Before GARDNER, Chief Judge, WOODROUGH, Circuit Judge, and DONOVAN, District Judge.

DONOVAN, District Judge.

Appellant was convicted of perjury. He was charged with false swearing by indictment in seven counts, in violation of Title 18, United States Code, § 1621. A plea of not guilty was made to each count. At trial, counts four and five were dismissed by the court. The remaining counts were submitted to the jury. The jury acquitted him on count six and rendered a verdict of guilty on counts one, two, three and seven. Timely motions for a new...

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