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VITELLO v. UNITED STATES

No. 23450.

425 F.2d 416 (1970)

Leo VITELLO, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied May 13, 1970.

Attorney(s) appearing for the Case

J. Perry Langford (argued), San Diego, Cal., for appellant.

Raymond Zvetina (argued), Asst. U. S. Atty., Harry D. Steward, U. S. Atty., San Diego, Cal., for appellee.

Before MERRILL, ELY and KILKENNY, Circuit Judges.

KILKENNY, Circuit Judge:

Appellant was convicted by a jury of the crime of perjury1 in connection with certain testimony given before a grand jury. The indictment charged appellant with perjury in three particulars; first, in falsely swearing that he never placed a bet with any bookmaker in the United States other than a Mr. Harrison; second, in falsely swearing that he did not know Charles Otis Spencer; and, third, in falsely swearing...

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