United States v. Selvin Percell

After a trial by jury appellant (hereinafter Percell) was convicted of the offense of making false declarations before a grand jury in violation of 18 U.S.C. § 1623 .

The issue presented by this appeal is whether the trial court erred in ruling as a matter of law that Percell’s false declarations before the grand jury were material, and in denying PercelTs motions for judgment of acquittal.

Percell contends that the declarations which led to his conviction were not material to the proceedings under consideration by the grand jury. Percell simply does not understand the pertinent law on the issue of materiality. The only requirement is that the question be material to a subject of grand jury inquiry. The evidence need not be material to the main issue and it need not be directed to the primary subject of the investigation. It is material if it is relevant to any subsidiary issue then under consideration. United States v. Tyrone, 451 F.2d 16 (9th Cir. 1971); United States v. Lococo, 450 F.2d 1196 (9th Cir. 1971). It is not even necessary for the government to prove the false declarations actually impeded the grand jury investigation. United States v. Lococo, supra;…