UNITED STATES v. CLARKE

No. 78-157(S)-Cr-J-M.

464 F.Supp. 749 (1979)

UNITED STATES of America v. Robert B. CLARKE.

United States District Court, M. D. Florida, Jacksonville Division.

February 5, 1979.


Attorney(s) appearing for the Case

John J. Daley, Jr., U. S. Atty., by Ernst D. Mueller, Asst. U. S. Atty., Jacksonville, Fla., for the government.

Albert J. Datz, Jacksonville, Fla., for defendant.


ORDER

MELTON, District Judge.

This cause is before the Court on the defendant's motion to dismiss the superseding indictment, which accuses the defendant of perjury under 18 U.S.C. § 1623 (1976). Essentially, it is the defendant's position that the indictment's allegations of materiality and falsity are fatally defective, requiring dismissal.

The alleged perjury arises out of the defendant's trial testimony in a criminal case against a former...

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