BYERS, District Judge.
The defendant is charged, in an indictment containing two counts, with committing perjury, and has filed a demurrer.
The basis of the charge is that on September 28, 1934, in this district, he signed and swore to an affidavit, before a competent notary public, which affidavit he knew to be false in two particulars:
(a) That the export to Bolivia of 15 machine guns manufactured by Colts Patent Fire Arms Manufacturing Company of...
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