United States v. Joseph Dippolito
Opinion
Opinion
Crocker, J.
Appellant was convicted of two counts of perjury before a duly impaneled and sworn Grand Jury in the Central District of California in violation of 18 U. S.C. § 1621. The appellant testified before the Grand Jury while it was conducting an investigation of possible violations of revenue laws of the United State for concealed ownership of a liquor store in Ontario, California.
The liquor license of the store was issued to appellant’s father on the express condition that the appellant not own or acquire any interest in the business, that he take no part in the operation of the business, or in any way exercise the privilege of the license. The father subsequently died. Under his will the store was devised to appellant with the provision that in the event the liquor license was not transferable, or the appellant did not desire to operate the store, it could be sold by the executors and the proceeds distributed to the appellant.
Appellant’s sister was appointed executrix of the father’s estate and the liquor license was issued to her with the same prohibitory condition regarding the appellant included therewith. Subsequently, for a period of approximately seven years the estate was…