Genser

We granted a rehearing in this case for the sole purpose of considering the effect of Garrity v. New Jersey, 385 U.S. 493 [ 17 L.Ed.2d 562 , 87 S.Ct. 616 ] and Spevack v. Klein, 385 U.S. 511 [ 17 L.Ed.2d 574 , 87 S.Ct. 625 ] on our judgments sustaining the convictions of appellants.

Among the counts of which appellant Genser was convicted, were two charging perjury. Count XVII charged that on May 14, 1963, while testifying under oath before a deputy attorney general authorized to conduct an investigation into corruption and irregularities among DMV personnel, Genser falsely denied acquiring automobiles through manufacturers’ representatives for persons other than himself. Count XX charged that on May 15, 1963, as part of the same investigation into DMV employee activities, Genser under oath falsely denied knowledge or participation in the dismissal of a misdemeanor criminal complaint against the Ed Shuey automobile agency.

It was stipulated at the trial that Genser, under oath, made the statements upon which the said two counts are based 'because it was probable that Genser knew he might lose his position if he refused to cooperate and answer questions.

Garrity holds that…