Radomsky

Radomsky v. United States

Good Law
180 F.2d 781·1950 U.S. App. LEXIS 2501
United States Court of Appeals for the Ninth CircuitMarch 20, 195012369_1California1,382 words

Opinion

Opinion

Orr, J.

Appellant was convicted of perjury under 18 U.S.C.A. § 1621 , the charge' being that at a trial in a United States District Court of ■ one Robert Olson, then and there being prosecuted for mailing a threatening letter, appellant testified falsely that she, and not Olson, mailed the letter in question. Her testimony at the former trial was, in substance, that she had gone to Olson’s house in Bremerton, Washinton, on the morning of January 13, 1948, a date arrived at by later addition and subtraction, to pick up some laundry, and saw the letter lying on a table ready to be mailed. Being unable to catch Olson who had just left, she put the letter in a specified corner mailbox. Olson was acquitted.

At the perjury trial, appellant identified the letter and reiterated her testimony that she had mailed it under the circumstances described. Olson also appeared and denied having mailed the letter. The letter was postmarked “Bremerton, Wash., January 14, 5:00 p. ■ m., 1948.” The Government produced six postal employees who described the .operations of the Bremerton postoffice in general and, in particular, as to the collections made on January 13th and 14th, 1948. They testified that two…

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