United States v. Billy Charles Anfield

Good Law
539 F.2d 674·1976 U.S. App. LEXIS 8035
United States Court of Appeals for the Ninth CircuitJuly 14, 197675-3471California2,467 words

Opinion

Opinion

Sneed, J.

Appellant was convicted on five (5) counts of perjury in violation of 18 U.S.C. § 1623 . The trial court allowed a motion for judgment of acquittal as to Count One and imposed sentence on the remaining counts. We affirm.

STATEMENT OF FACTS.

Appellant’s indictment on five counts of perjury stemmed from his testimony before the grand jury and during the trial in the case of United States v. Leslie Jackson, CR 74-250. His involvement in the Jackson case arose when he reported a burglary of his mother’s house to the police and indicated that he suspected Leslie Jackson, the brother of a friend. The FBI, also suspecting Jackson of bank robbery, contacted appellant and sought to elicit information from him about his knowledge of Jackson’s involvement in the bank robbery. Appellant on several occasions exhibited reluctance to become involved, but upon issuance of a subpoena did appear and testify before the grand jury and gave evidence which linked Jackson to the robbery.

Upon completion of his grand jury testimony, appellant expressed his dismay with the proceedings and indicated to the prosecution that he thought the questions asked were unfair. Shortly before the Jackson…

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