UNITED STATES v. CLIZER

No. 71-2209.

464 F.2d 121 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Wayne B. CLIZER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 31, 1972.


Attorney(s) appearing for the Case

C. E. Hormel (argued), Ephrata, Wash., for defendant-appellant.

Carroll D. Gray, Asst. U. S. Atty. (argued), Dean C. Smith, U. S. Atty., Spokane, Wash., for plaintiff-appellee.

Before DUNIWAY, HUFSTEDLER and CHOY, Circuit Judges.


DUNIWAY, Circuit Judge:

Clizer appeals from a judgment of conviction on two counts, I and III, of perjury committed before a grand jury. We affirm the conviction on Count I and reverse the conviction on Count III.

A. Background.

In the summer of 1970, the National Farmers Organization, of which Clizer was a member and leader, was attempting, in the area of Grant County, Washington, to raise the price of hay. Clizer was active in these efforts...

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