UNITED STATES v. MATTHEWS

No. 78-1488.

589 F.2d 442 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Russell W. MATTHEWS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied February 1, 1979.


Attorney(s) appearing for the Case

Gerald J. Hinckley, Sp. Atty., San Francisco, Cal., for the U. S.

Richard B. Mazer, San Francisco, Cal., for Russell W. Matthews.

Before MERRILL and SNEED, Circuit Judges, and LINDBERG, District Judge.


Rehearing and Rehearing En Banc Denied February 1, 1979.

MERRILL, Circuit Judge:

Matthews appeals his conviction of willfully and knowingly answering a question falsely before a grand jury in violation of 18 U.S.C. § 1623. He argues that the question was susceptible of two interpretations under one of which his answer was not proved to be false.

The grand jury was investigating whether money derived from racketeering activities had been invested...

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