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UNITED STATES v. TIBBS

No. 78-5191.

600 F.2d 19 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph Arthur TIBBS, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed June 19, 1979.

Rehearing Denied September 4, 1979.

Attorney(s) appearing for the Case

Carlton H. Petway, Sr. (court-appointed), Nashville, Tenn., for defendant-appellant.

Hal D. Hardin, U. S. Atty., Joe B. Brown, Asst. U. S. Atty., Margaret Huff, Nashville, Tenn., for plaintiff-appellee.

Before CELEBREZZE and MERRITT, Circuit Judges, and PECK, Senior Circuit Judge.

JOHN W. PECK, Senior Circuit Judge.

Defendant was convicted of perjury in violation of 18 U.S.C. § 1623.1 Pursuant to the provisions of that section, a person is guilty of perjury whenever he knowingly makes, under oath, two or more material declarations, one of which is necessarily false, in any proceeding before or ancillary to any court or grand jury of the United States. 18 U.S.C. § 1623(a), (c). In his appeal, defendant...

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