Legal Opinion
Joe Smith v. United States
Court of Appeals for the Fifth Circuit
Decided July 13, 1966No. 23344_1PublishedCited by 13 opinions
1Opinion of the Court
BENJAMIN C. DAWKINS, Jr., District Judge:
Appellant was convicted in the court below under a one-count indictment charging him with perjury, in violation of 18 U.S.C. § 1621. He is here insisting that the evidence adduced before the jury, as to one of the elements of the crime, was insufficient in law to support the verdict.
We are in agreement that the Government failed properly to show one of the essential elements of the crime and hold that the conviction under such circumstances constituted plain error, Rule 52 (b), F.R.Crim.P. Accordingly, we reverse and remand for a new tidal.
Appellant…
2Cases cited7 opinions
- Meyers v. United StatesCourt of Appeals for the D.C. Circuit · 1948
- Willie Ray Harrell v. United StatesCourt of Appeals for the Fifth Circuit · 1955
- Thomas H. Brooks and August J. Maureau, Jr. v. United StatesCourt of Appeals for the Fifth Circuit · 1957
- John Vuckson v. United StatesCourt of Appeals for the Ninth Circuit · 1966
- United States v. SeaveyCourt of Appeals for the Third Circuit · 1950
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Jose Escobar v. United StatesCourt of Appeals for the Fifth Circuit · 1968
- United States v. Luis Javier AriasCourt of Appeals for the Ninth Circuit · 1978
- United States v. Roberto A. MolinaresCourt of Appeals for the Eleventh Circuit · 1983
- Betty Ann Ferguson v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1991
- United States v. William Carey Edwards, Jr.Court of Appeals for the Eighth Circuit · 1971
8 more not listed; retrieve them via the Exa API.