Boehm v. United States

WOODROUGH, Circuit Judge.

This appeal is taken to reverse the conviction and sentence of appellant upon counts 4 and 5 of an indictment duly returned against him. He was acquitted on counts 1, 2 and 3. Counts 4 and 5 charged perjury committed by the defendant in violation of 18 U.S.C.A. § 231, which reads as follows:

“Whoever, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify * * * truly * * * shall willfully and contrary to such oath state * * * any material matter…