UNITED STATES v. BRANDYBERRY

No. 25474.

438 F.2d 226 (1971)

UNITED STATES of America, Appellee, v. Kenneth M. BRANDYBERRY, Appellant.

United States Court of Appeals, Ninth Circuit.

February 11, 1971.


Attorney(s) appearing for the Case

Jerome E. Stevenson (argued), Tustin, Cal., for appellant.

Gerald F. Uelmen (argued), Asst. U. S. Atty., Robert L. Meyer, U. S. Atty., Los Angeles, Cal., for appellee.

Before BARNES and HAMLEY, Circuit Judges, and LEVIN, District Judge.


BARNES, Circuit Judge.

This is an appeal from a conviction of four counts of perjury (a fifth count was dismissed). The perjurious testimony charged was allegedly given before a grand jury investigating the "fixing" of a horse race.

Appellant had received a "tip" on "Deerwood Duke," a horse running in the twelfth race at Pomona, California, on September 25, 1968 (post time, 6:34 p. m.). Appellant stated he had received the tip from a person named Lyle, but...

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