John A. Metheany v. United States

This is the second time this matter has come before us. In order that this appeal may be understood, we adopt as accurate portions of the factual recitals contained in the Appellee’s Brief, as follows:

In that opinion, we ruled against appellant when he claimed there was insufficient evidence to convict him on each of the several counts. We held the proof produced in that case was sufficient to show the falsity of the answers given by him, which had formed the basis of Counts III, IV and V; and we also held that “the several false answers were highly material.” We granted a new trial, however, on the ground of improper joinder — that appellant and his codefend-ant were entitled to separate trials of the “distinct and separate offenses not parts of the same transaction or connected together.” Rule 8(b), Fed.R.Crim.P.

Prior to the new trial, on motion of the appellant, the concealment of assets count (Count I) was severed from the four false oath counts. The first count was tried before a jury, and appellant was found not guilty. A third jury was empaneled to try the four false oath counts, but a mistrial was declared. On retrial, a fourth jury returned a verdict of guilty as to…