Flynn

Arthur Lee Flynn was indicted by a United States Grand Jury in four counts for falsely representing himself to be a United States officer, 18 U.S.C.A. § 76 . 1 Upon trial he was acquitted upon all counts and subsequently he was indicted in seven counts for perjury, 18 U.S.C.A. § 231 2 allegedly committed in the course of the trial to which reference has just been made. He was tried upon the perjury accusations by a court and jury, and the jury returned a single verdict which specifically stated that the jury found him guilty of each separate count of the indictment. Thereafter he was adjudged guilty and was sentenced to a federal penitentiary for three years and sentenced to pay a fine of one cent upon each count of the indictment, all terms of imprisonments and all fines to1 run concurrently. Flynn appealed to this court.

In due course Flynn made a motion to remand the case to the trial court under the authority of Rules 17 (subpoenas) and 28 (expert witnesses) of Criminal Procedure, 18 U.S.C.A.

In support of the motion Flynn has filed a long statement of fact in affidavit form purporting to show his innocence. They are not statements of newly discovered evidence, but are…