Walter C. Lohman, Jr. v. United States

STEWART, Circuit Judge.

The appellant was found guilty by a jury under a two-count indictment charging him with violating the provisions of 18 U.S.C. § 1001, by falsely swearing on December 6, 1949, in an affidavit filed with the National Labor Relations Board that he was not a member of or affiliated with the Communist Party. 1 He was sentenced to prison terms on each count, to be served concurrently.

Several claims of error are pressed on this appeal. It is urged that the district judge erroneously instructed the jury on materiality, membership, affiliation, and the credibility of paid…