UNITED STATES v. DRAKE

No. 80-5156.

642 F.2d 195 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Lester DRAKE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided March 6, 1981.


Attorney(s) appearing for the Case

James O. Marty, Jr., Memphis, Tenn., for defendant-appellant.

W. J. Michael Cody, U. S. Atty., Timothy R. DiScenza, Memphis, Tenn., for plaintiff-appellee.

Before EDWARDS, Chief Judge, LIVELY, Circuit Judge, and PHILLIPS, Senior Circuit Judge.


PER CURIAM.

Appellant Drake was one of a number of persons charged with participating in a conspiracy to steal some 250 crates of Tide detergent which were delivered to a Memphis grocery supply firm named Malone & Hyde Company. He was also charged with perjury as a result of the negative answers he gave to two questions which were asked of him when he was called before a grand jury. The questions and answers asked and given are as follows:

"Q. Have you...

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