United States v. Icardi

KEECH, District Judge.

This court now has for determination whether the Government has proved that the questions which the indictment charges the defendant Icardi answered falsely were asked by “a competent tribunal” and whether his answers related to a “material matter.” These two facts are essential elements of the offense with which the defendant is here charged. Hence, although matters of law for determination by the court, they must be proved by the Government like any other essential element of the crime; and the court must grant defendant’s motion to dismiss unless it finds the…