Oswald Robinson v. United States

In this appellate proceeding no question is involved with respect to the jurisdiction of the district court or of this court.

The appellant Robinson, hereinafter designated as the defendant was convicted in the district court of perjury, in violation of § 1621 of Title 18, United States Code.

On August 23, 1966, the defendant, pursuant to a subpoena, appeared before a federal grand jury and gave testimony. His testimony was false. On December 13, 1966, the same grand jury indicted him for perjury committed on August 23, 1966. He was tried on that indictment, found guilty by a petit jury, and sentenced. He appeals from that conviction.

The defendant claims that the testimony which he gave before the grand jury on August 23, and which was taken down by a court reporter was not admissible but was erroneously admitted in evidence at his perjury trial. He says it was not admissible in' the perjury trial because his constitutional rights were violated at the grand jury hearing on August 23 at which he gave the false testimony. He says that before he was required to take the witness stand in the grand jury proceeding the Assistant United States Attorney who was acting for the…