Anthony Frisone v. United States

During a trial of appellant in the district court on a charge of having committed perjury at a previous trial wherein he was charged with a violation of the Mann Act ( 18 U.S.C. § 2421 ), the court sustained an objection to a question propounded to appellant. His counsel then attempted to make a so-called offer of proof which the trial court refused to allow. The assignments of error are confined to these rulings and, therefore, constitute the only questions with which we are concerned on this appeal.

At the trial of the instant case, the falsity of the testimony given at the previous trial was admitted. The defense relied upon was that appellant suffered from an impaired memory and, henee, was without willful intent to testify falsely. Appellant in his first appearance on the witness stand in the instant case testified at some length as to the failing state of his memory. He further testified that he had endeavored to refresh his recollection before the Mann Act trial as to the facts involved in that case by consulting with divers and sundry people whom he believed had knowledge of the facts, and that, as a result of such consultations, he honestly believed at the time he…