Avalo Allison Fisher v. United States

Avalo Allison Fisher appeals from a judgment of conviction on four counts of a six-count indictment charging violations of the False Statements Act, 18 U.S.C.A. § 1001 . He contends here that the perjury corroboration rule should have been applied, that the counts of the indictment were duplicitous, and that improper cross-examination of a character witness resulted in irreparable prejudice.

In 1951, 1952, and 1953, Fisher was an executive, board member of District 23, Local 93, International Woodworkers of America. In order for that organization to have access to the processes of the National Labor Relations Board, it was necessary for Fisher to annually file with the board a noncommunist affidavit. He filed the required affidavits for each of those years.

An indictment consisting of six counts was thereafter returned against Fisher, charging him with having violated the False Statements Act, in making and filing these affidavits. In count I, he was charged with having falsely attested in his 1951 affidavit that he was not, as of the date of the affidavit, a “member” of the Communist party. Count II charged that he falsely attested in the same affidavit that he was not…