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UNITED STATES v. BIRRELL

No. 293, Docket 72-1470.

470 F.2d 113 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Lowell M. BIRRELL, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 4, 1972.

Attorney(s) appearing for the Case

H. Elliot Wales, New York City and Lowell M. Birrell, pro se, for defendant-appellant.

Walter M. Phillips, Jr., Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty., and Richard J. Davis, Asst. U. S. Atty., New York City, of counsel), for plaintiff-appellee.

Before FRIENDLY, Chief Judge, and MEDINA and ANDERSON, Circuit Judges.

FRIENDLY, Chief Judge:

This is an appeal from a conviction for perjury, defined and made punishable in 18 U.S.C. § 1621. The facts constituting the offense were hardly in dispute. The Government sought to establish, and the jury permissibly found, that on August 28, 1970, Lowell M. Birrell signed an affidavit before a notary public in which he swore, inter alia, "I am presently unemployed and I am not receiving any income." This affidavit was filed with...

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