UNITED STATES v. WHIMPY

No. 75-2264. Summary Calendar.

531 F.2d 768 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Betty Rae WHIMPY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 17, 1976.


Attorney(s) appearing for the Case

Robert B. Thompson, Gainesville, Ga., for defendant-appellant.

John W. Stokes, U. S. Atty., Gale McKenzie, Asst. U. S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before BROWN, Chief Judge, GODBOLD and GEE, Circuit Judges.


JOHN R. BROWN, Chief Judge:

Defendant-Appellant, Betty Rae Whimpy, was convicted of perjury under 18 U.S.C.A. § 1623 in connection with false testimony which she gave in a prior criminal conspiracy trial. In this appeal Whimpy asserts three grounds of error: (i) the trial court erred in ruling as a matter of law that the statements made by the defendant in the prior conspiracy trial were material declarations, (ii) the trial court erred as a matter of law when...

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