John William Whaley v. United States

Appellant was charged in an indictment consisting of eight counts. Two of them alleged violations of the provisions of 18 U.S.C. § 1621 , and the remaining six alleged violations of the prohibitions of 18 U.S.C. § 1343 . In a jury trial, there were acquittals as to seven counts and a conviction on one count grounded upon alleged violation of 18 U.S.C. § 1621 .

The specific perjury of which appellant was convicted was his sworn answer of “No” to the question, “Do you know a man named Spindler?” The evidence reveals the existence of an individual known at various times as Julius Spindler, Morris Rosenblatz, or Russ Jones. It is clear from the record that this individual was known to the appellant, but we cannot find sufficient evidence to support the charge that the individual had ever been known to appellant by the name of Spindler. His having been so known was an indispensable condition to a valid conviction of the specific charge in question.

The appellant filed his brief on March 10, 1965. On March 17, 1965, we, at the request of the Government, extended, until April 17, 1965, the time within which it might file an answering brief. On March 30, 1965, we granted the…