Z. A. Adams and Jean Adams v. United States

JOHN R. BROWN, Circuit Judge.

This appeal raises the question whether a prior acquittal of a substantive charge insulates the defendant against a conviction for perjury committed on that trial.

Appellants, Z. A. and Jean Adams, husband and wife, were convicted of giving perjured testimony and suborning the perjury of others during an April 1958 trial of Z. A. on the charge of transporting and possessing moonshine whiskey. 26 U.S.C.A. §§ 5008(b) (1), 5642. The 1958 prosecution resulted in a mistrial from a hung jury. Shortly thereafter this perjury indictment was returned charging each with two…