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UNITED STATES v. CULVERHOUSE

No. 29345.

436 F.2d 1068 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. George CULVERHOUSE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 4, 1971.

Attorney(s) appearing for the Case

Joseph A. Varon, Hollywood, Fla., for defendant-appellant.

Robert W. Rust, U. S. Atty., Lloyd G. Bates, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before BELL, DYER, and RONEY, Circuit Judges.

PER CURIAM:

Appellant was convicted after a nonjury trial of perjury, Title 18 U.S.C.A., section 1621. The alleged perjury arose out of his testimony as a witness in the district court in the case of United States v. Baines, Criminal Action No. 67-175, United States District Court for the Southern District of Florida.1

There are three assignments of error. The first is that the testimony in question was immaterial in that if was...

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