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UNITED STATES v. STONE

No. 799, Docket 34651.

429 F.2d 138 (1970)

UNITED STATES of America, Appellee, v. Samuel STONE, Appellant.

United States Court of Appeals, Second Circuit.

Decided July 7, 1970.

Attorney(s) appearing for the Case

James J. Cally, New York City, for appellant.

Richard A. Givens, Asst. U. S. Atty., (Whitney North Seymour, Jr., U. S. Atty., for the Southern District of New York, John H. Doyle, III, New York City, of counsel), for appellee.

Before SMITH and HAYS, Circuit Judges, and BARTELS, District Judge.

J. JOSEPH SMITH, Circuit Judge:

Samuel Stone, an attorney, was convicted of perjury in violation of 18 U.S. C. § 1621 in the United States District Court for the Southern District of New York, Harold R. Tyler, Jr., Judge, on trial to the court, jury waived, and appeals. Appellant was charged with two counts of perjury in grand jury testimony on February 19, 1969 (count one) and on March 10, 1969 (count two); he was acquitted by the court on the first count and...

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