Vetterli

Before a grand jury duly empaneled, appellant testified as a witness, after being duly sworn. At the time of appellant’s appearance before it the grand jury was investigating matters pertaining to reported espionage activities within the Southern District of California. Certain questions were asked appellant to which he made replies. Later appellant was indicted for perjury, the indictment alleging that he testified falsely as to certain material matters.

Count One of the indictment charged that it was material to the espionage investigation to ascertain the activities and associates of various persons among whom were one. Miwa, one Wilkins and one Witczak. In the course of the questioning appellant was asked whether he had ever furnished money to anyone to go to Japan and he denied that he had. The indictment further charged that in fact appellant had furnished money to various persons to go to Japan and that he knowingly testified to the contrary. The validity of the conviction on Count One is challenged on the ground that the evidence failed to meet the requirement in perjury cases that the falsity of the statement made by the accused must be shown by the testimony of two…