United States v. Lowell M. Birrell

FRIENDLY, Chief Judge:

This is an appeal from a con-' viction for perjury, defined and made punishable in 18 U.S.C. § 1621. The facts constituting the offense were hardly in dispute. The Government sought to establish, and the jury permissibly found, that on August 28, 1970, Lowell M. Birrell signed an affidavit before a notary public in which he swore, inter alia, “I am presently unemployed and I am not receiving any income.” This affidavit was filed with the clerk of this court in support of Birrell’s motion for leave to proceed in forma pauperis and for appointment of new counsel under *115the…