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UNITED STATES v. PERCELL

No. 75-1288.

526 F.2d 189 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Selvin PERCELL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

October 14, 1975.

Attorney(s) appearing for the Case

Raymond E. Sutton (argued), Las Vegas, Nev., for defendant-appellant.

Richard A. Wright, Asst. U.S. Atty. (argued), Las Vegas, Nev., for plaintiff-appellee.

Before TRASK and SNEED, Circuit Judges, and PLUMMER, District Judge.

OPINION

PLUMMER, Senior District Judge:

After a trial by jury appellant (hereinafter Percell) was convicted of the offense of making false declarations before a grand jury in violation of 18 U.S.C. § 1623.

The issue presented by this appeal is whether the trial court erred in ruling as a matter of law that Percell's false declarations before the grand jury were material, and in denying Percell's motions for judgment of acquittal.

Percell...

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