No. 193, Docket 73-2109.

485 F.2d 275 (1973)

UNITED STATES of America, Appellee, v. Stephen MANCUSO, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 10, 1973.

Attorney(s) appearing for the Case

Roy R. Cesar, Buffalo, N. Y., for appellant.

John T. Spotila, Washington, D. C., Atty. for the U. S. Dept. of Justice (John T. Elfvin, U. S. Atty., for the W. D. N. Y., Jerome M. Feit, Washington, D. C., Atty., for the U. S. Dept. of Justice, and Lloyd George Parry, Special Atty. for the U. S. Dept. of Justice, Buffalo, N. Y., on the brief), for appellee.

Before KAUFMAN, Chief Judge, MOORE and MANSFIELD, Circuit Judges.

KAUFMAN, Chief Judge:

It is in the nature of a perjury case that there be conflicting versions of the underlying facts — one version, constituting the claimed perjury, having been asserted by the accused at a prior proceeding, and the other being put forth by prosecution witnesses at trial. We are met in this appeal with an unusual case in which three versions have appeared, with the appellant having maintained essentially the same position at both proceedings...

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