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UNITED STATES v. ZBOROWSKI

No. 4, Docket 25490.

271 F.2d 661 (1959)

UNITED STATES of America, Appellee, v. Mark ZBOROWSKI, Appellant.

United States Court of Appeals Second Circuit.

Decided November 10, 1959.

Attorney(s) appearing for the Case

Frederic S. Nathan, New York City (Greenbaum, Wolff & Ernst, Morris L. Ernst and Norman S. Poser, New York City, on the brief), for appellant.

Herbert C. Kantor, Asst. U. S. Atty., Southern District of New York, New York City (S. Hazard Gillespie, Jr., U. S. Atty., George I. Gordon and Gideon Cashman, Asst. U. S. Attys., New York City, on the brief), for appellee.

Before LUMBARD, WATERMAN and FRIENDLY, Circuit Judges.

LUMBARD, Circuit Judge.

Mark Zborowski, appealing from his conviction and five year sentence for perjury before a federal grand jury, in violation of 18 U.S.C. § 1621, claims three principal errors requiring reversal: first, that the proof failed to comply with the "two-witness rule" in perjury cases; second, that his testimony was not material to the grand jury investigation; and third, that it was error for the trial judge to refuse to examine and make available...

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