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UNITED STATES v. CROSS

Nos. 72-2290, 72-2349.

474 F.2d 1045 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Noah W. CROSS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 30, 1973.

Attorney(s) appearing for the Case

Norman Magee, Ferriday, La., for defendant-appellant.

Donald E. Walter, U.S. Atty., R. Perry Pringle, Asst. U.S. Atty., Shreveport, La., for plaintiff-appellee.

Before WISDOM, GEWIN and COLEMAN, Circuit Judges.

PER CURIAM:

Noah Cross, Sheriff of Concordia Parish, Louisiana, was convicted on two counts of perjury. 18 U.S.C. § 1621. The basis for this conviction was his testimony before a federal grand jury that he had never received any payoff for allowing the Marville Lounge in Concordia to conduct prostitution and gambling activities.

On appeal Cross makes these contentions:

(1) A new trial should have been granted on the basis of new evidence discovered...

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