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U.S. v. EARP

Nos. 86-5564 to 86-5566.

812 F.2d 917 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Tony Douglas EARP, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Alfred S. CHILDERS, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Billy CARRIGAN, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 6, 1987.

Attorney(s) appearing for the Case

George Vernon Laughrun, II (Goodman, Carr, Nixon & Laughrun on brief), Kenneth T. Davies (Flannary & Davies on brief), Jeffrey Scanland Rupe, on brief, for defendants-appellants.

William Randall Yeomans, Dept. of Justice (Charles R. Brewer, U.S. Atty.; Kenneth Bell, Asst. U.S. Atty.; William Bradford Reynolds, Asst. Atty. Gen., Walter W. Barnett, Dept. of Justice, on brief), for plaintiff-appellee.

Before WIDENER, PHILLIPS and CHAPMAN, Circuit Judges.

WIDENER, Circuit Judge:

This case involves separate appeals, consolidated in this court and brought by three defendants, Tony Douglas Earp, Alfred S. Childers, and Billy Carrigan. Although the defendants make several assignments of error, only one issue merits full discussion. That issue presents the question of whether defendant Carrigan's conviction for making a false declaration under 18 U.S.C. § 1623(a) should be set aside on the ground that his testimony...

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