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UNITED STATES v. ENOCH

April 24, 1973

UNITED STATES of America
v.
James ENOCH


Hannum, District Judge.


The opinion of the court was delivered by: HANNUM

HANNUM, District Judge.

 Presently before the Court are post-trial motions of the defendant, James Enoch for judgment of acquittal, or, in the alternative, for a new trial pursuant to Rules 29(c) and 33, Fed. R. Crim. P. In addition, the defendant has filed a motion for leave to file additional reasons in support of both motions after the notes of testimony have been transcribed.

 On March 20, 1973, the defendant was found guilty of committing perjury in violation of Title 18, United States Code, Section 1621. The indictment charged that on August 31, 1972, the defendant wilfully and knowingly testified falsely while under oath before a federal grand jury investigating narcotics traffic in the Eastern District of Pennsylvania. It was important for the grand jury to determine whether James Enoch purchased a 1972 Cadillac in May of 1972 and whether he was paying for the automobile. The indictment charged that the defendant testified falsely when he gave the following pertinent answers in response to questions relating to the purchase of and payments made on the automobile:

 
Q. Did you purchase it?
 
A. No, sir.
 
Q. Who did purchase it?
 
A. My girlfriend.
 
Q. What's her name?
 
A. Janice Collins.
 
Q. Do you have any monthly payments that you make on it?
 
A. She makes it.
 
Q. She makes the ...

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