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MOSHEIM v. UNITED STATES

No. 18216.

285 F.2d 949 (1960)

Thomas E. MOSHEIM and Sol Jamail, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 19, 1961.

Attorney(s) appearing for the Case

Jack Binion, Houston, Tex., for appellants.

William B. Butler, U. S. Atty., Houston, Tex., Fred L. Hartman, Asst. U. S. Atty., Houston, Tex., for appellee.

Before TUTTLE, Chief Judge, and RIVES and JONES, Circuit Judges.

RIVES, Circuit Judge.

Upon waiver of a jury trial,1 the defendants were tried to the court without a jury, and each of them was found guilty of making a false oath in a bankruptcy proceeding2 and of conspiracy to swear falsely in such proceeding.3

The second count of the indictment charged that Mosheim testified falsely before the...

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