United States v. Kenneth M. Brandyberry

This is an appeal from a conviction of four counts of perjury (a fifth count was dismissed). The perjurious testimony charged was allegedly given before a grand jury investigating the “fixing” of a horse race.

Appellant had received a “tip” on “Deerwood Duke,” a horse running in the twelfth race at Pomona, California, on September 25, 1968 (post time, 6:34 p. m.). Appellant stated he had received the tip from a person named Lyle, but denied the person was Lyle Berge (Count One). Appellant admitted he had placed a $900 bet on the horse named, but denied anyone else had shared in the proceeds of the bet (Count Two). The appellant denied he had ever heard of the name Irwin Hanft; denied he had ever met a man named Irwin Stone; and denied he had gone with one Talbert to Denny’s Restaurant at La-Cienega and Wilshire, Los Angeles, to meet with Irwin Stone or Happy Meltzer (Count Three). The appellant admitted he had gone with one Talbert to Frasca-ti’s Restaurant, but denied he had seen or identified one Happy Maltzer (Meltzer) while there (Count Four).

Appellant was sentenced to two years on Counts One and Three, concurrently, and sentence on Counts Two and Four was suspended, and…