Appeal from the District Court of the United States for the District of New Jersey; William Clark, Judge.
Before BUFFINGTON, WOOLLEY, and THOMPSON, Circuit Judges.
The appellant, Julius Khin, individually and trading as Khin Furniture Company, was adjudicated a bankrupt on September 9, 1927. On January 23, 1929, an indictment was returned against him in the District Court for the District of New Jersey charging him with perjury. The indictment contained five counts. The jury returned a verdict of guilty upon counts II and V, and not guilty upon the other counts. In count II the charge is based upon testimony given before the referee in an examination pursuant to the provisions of section 21a (section 44(a), title 11, USCA), and in count V in an examination under section 7 (9) (section 25(9), title 11, USCA), of the Bankruptcy Act. Sentence of imprisonment was imposed and from that judgment this appeal was taken.
In determining whether there was error in the judgment upon the verdict, we do not deem it necessary to consider any of the assignments except the third, which is directed to the question whether the verdict of the jury is contrary to the law and the evidence.
In count II it is charged that the appellant deposed and swore as follows:
"In answer to the question, 'Didn't you (meaning the said Julius Khin) on September 7th (meaning September 7th, 1927) draw $3000.00?'
"Did answer and swear, 'Yes, sir.'
"And in answer to the question, 'What did you draw that for?' (meaning the said $3000.00)
"Did answer and swear, 'There was a note (meaning a promissory note made by the said Julius Khin) due in the American National Bank and I (meaning the said Julius Khin) had to pay it' (meaning the said note)
"And in answer to the question, 'Whose note?'
"Did answer and swear, 'My own note, Khin Furniture Company.'
"And in answer to the question, 'And you paid it (meaning the said note) two days before the receiver (meaning the receiver in bankruptcy of the said Julius Khin individually and trading as Khin Furniture Company) was appointed?'
"Did answer and swear, 'It (meaning the said note) was due and I naturally did not want it (meaning the said note) to go to protest.'
"And in answer to the question, 'Was it (meaning the said note) a four months' note?'
"Did answer and swear, 'I don't know, but it (meaning the said note) was due that day' (meaning the ...