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UNITED STATES v. WINTER

No. 504, Docket 29608.

348 F.2d 204 (1965)

UNITED STATES of America, Appellee, v. Hyman WINTER, Appellant,

United States Court of Appeals Second Circuit.

Decided July 2, 1965.

Attorney(s) appearing for the Case

Jerome C. Ditore, Asst. U. S. Atty. (Joseph P. Hoey, U. S. Atty., for the Eastern Dist. of New York), for appellee.

Jerome Lewis, Brooklyn, N. Y. (Thomas R. Newman, Brooklyn, N. Y., of counsel), for appellant.

Before MOORE and ANDERSON, Circuit Judges, and WEINFELD, District Judge.

WEINFELD, District Judge:

Hyman Winter appeals from a judgment of conviction entered upon the verdict of a jury which found him guilty of perjuring himself while testifying under oath before a Federal grand jury.1 He was sentenced to ninety days imprisonment and placed on probation for a period of twenty-one months. He seeks reversal of the conviction and dismissal of the indictment on the grounds that: (1) his testimony before the grand...

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