UNITED STATES v. HOWARD

No. 77-1012.

560 F.2d 281 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Ralph Max HOWARD, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 8, 1977.


Attorney(s) appearing for the Case

David W. Stone, IV, Fredrick R. Spencer, Anderson, Ind. (for defendant-appellant).

Ronald K. Fowler, James B. Melson, Daryl E. Scott, Charles F. Gaus, Anderson, Ind. (for amicus curiae).

James B. Young, U. S. Atty., Charles Goodloe, Jr., Asst. U. S. Atty., Indianapolis, Ind. (for plaintiff-appellee).

Before SWYGERT, SPRECHER and WOOD, Circuit Judges.


SPRECHER, Circuit Judge.

This appeal requires consideration of the materiality of certain testimony by defendant before a grand jury which formed the basis for his conviction by a jury of perjury, pursuant to 18 U.S.C. § 1621. We reverse.

The facts germane to our resolution of this case are as follows. In November 1975, the Grand Jury for the Southern District of Indiana was investigating the dynamite bombing of a plumbing company supply facility located...

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