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UNITED STATES v. LOCOCO

No. 26336.

450 F.2d 1196 (1971)

UNITED STATES of America, Appellee, v. Andrew J. LOCOCO, Appellant.

United States Court of Appeals, Ninth Circuit.

Order Filed December 28, 1971.

Rehearing Denied February 9, 1972.

Attorney(s) appearing for the Case

John J. Flynn (argued), Michael D Kimerer, of Flynn, Treon, Kimerer & Thinnes, Phoenix, Ariz., for appellant.

Michael Lightfoot, Asst U. S. Atty., (argued) Robert L. Meyer, U. S. Atty., Gerald Uelman, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before BARNES, KOELSCH, and HUFSTEDLER, Circuit Judges.

HUFSTEDLER, Circuit Judge:

Lococo appeals from his conviction upon one count of perjury based upon his false testimony before a federal grand jury that he had not talked to Ray Mirr during the previous year.1 Lococo contends that (1) his testimony was not material to the grand jury's investigation, (2) the district court prejudicially erred in admitting, over his objections, the records of about...

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