United States v. Lieberman

METZNER, District Judge.

Defendant moves to dismiss the indictment and for an inspection of the grand jury minutes.

Defendant is charged with having violated Section 152 of Title 18 U.S.C., in that he knowingly and fraudulently testi*419fled falsely under oath before a referee in bankruptcy who was conducting an examination under Section 21, sub. a of the Bankruptcy Act (11 U.S.C.A. § 44). Defendant voluntarily appeared for examination without the necessity of having an order entered.

The affidavits submitted by and on behalf of the defendant show that the referee was not physically present at the…