Brooks v. United States, 16170.
| Decision Date | 31 January 1957 |
| Docket Number | No. 16170.,16170. |
| Citation | 240 F.2d 905 |
| Parties | Thomas H. BROOKS and August J. Maureau, Jr., Appellants, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Rudolph F. Becker, Jr., New Orleans, La., for appellants.
Jack C. Benjamin, Asst. U. S. Atty., G. R. Blue, M. Hepburn Many, U. S. Attys., New Orleans, La., for appellee.
Before HUTCHESON, Chief Judge, and HOLMES and BORAH, Circuit Judges.
The appellants, Thomas H. Brooks and August J. Maureau, Jr., in a consolidated trial, were convicted by a jury on three counts of separate four-count indictments charging each of them with the crime of perjury. In each of the indictments it was alleged that Brooks and Maureau, respectively, "duly appeared and testified as a witness before the New Orleans District of the Intelligence Division of the Internal Revenue Service of the United States Department of the Treasury, which was then and there investigating and inquiring into matters coming under and within the Internal Revenue Code, and the said investigation and inquiry being a proceeding in which the laws of the United States authorize an oath to be administered, and the defendant having duly taken the oath administered by Naurbon L. Perry, a Special Agent of the Internal Revenue Service, the said Naurbon L. Perry being then and there a competent officer authorized under the laws of the United States to administer said oath, that the testimony that the said defendant would give would be the truth, the whole truth, and nothing but the truth, did willfully, knowingly, unlawfully, feloniously, corruptly, and contrary to his oath, testify" falsely in said proceeding in the particulars, which are set forth in four separate counts. Prior to judgment and sentence, appellants filed a motion for a new trial, which was overruled by the court below. This appeal is from the final judgments entered on the verdicts.
The important question presented by this appeal relates to the correctness of the court's charge in respect to the authority of Special Agent Perry in August, 1955, to administer the oaths which were administered to the appellants by him at that time. The documentary and oral evidence adduced at the trial which bears on the agent's authority was as follows: The Government offered in evidence as Government Exhibit 3, a commission dated January 19, 1950, from the Commissioner of Internal Revenue, addressed to Perry, delegating to him the power to...
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