E. N. Murray v. United States

Defendant was indicted with Charlotte Murray for conspiracy with certain four unindicted co-conspirators in that the defendants conspired, in violation of § 545 of Title 18 U.S.C.A., (1) to smuggle and clandestinely introduce into the United States merchandise, to-wit, various kinds of psittacine birds, (2) fraudulently to import and bring into the United States such birds, and (3) to receive, conceal and facilitate transportation and concealment after importation of certain merchandise, to-wit, psittacine birds imported from Mexico into the United States contrary to law. There were nine overt acts alleged to effect the objective of said conspiracy, of which the seventh read, “That on or about the 5th day of January, 1953, the defendant E. N. Murray filed a false affidavit with the Clerk of the United States District Court in and for the Southern District of California, Southern Division”.

Count 4 of this indictment charged E. N. Murray with the substantive crime of perjury in that he swore, knowing it was false, that certain birds in the possession of one Richard Ray at the time of the arrest of the latter on November 15, 1952, were legally in his possession and had either been…