Hart v. United States, 10026.
| Decision Date | 27 October 1942 |
| Docket Number | No. 10026.,10026. |
| Parties | HART v. UNITED STATES. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Geo. H. Crandell and Paul D. Coles, both of Seattle, Wash., for appellant.
J. Charles Dennis, U. S. Atty., and G. D. Hile and Tom A. Durham, Asst. U. S. Attys., all of Seattle, Wash., for appellee.
Before GARRECHT, HANEY, and HEALY, Circuit Judges.
Lillie Hart appeals from a judgment of conviction, entered pursuant to a verdict of a jury, as a result of a trial upon an indictment charging her with perjury. The Federal perjury statute, 18 U.S.C.A. § 231, under which the indictment was returned, reads in part as follows: "Whoever, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, shall willfully and contrary to such oath state or subscribe any material matter which he does not believe to be true is guilty of perjury, * * *."
The indictment recited, prefatory to each of the two counts in which it was drawn, that Lillie Hart appeared before one Kemp O. Hiatt, Special Agent for the Intelligence Unit, Bureau of Internal Revenue, a person authorized to administer oaths, and was sworn to testify truthfully with reference to her income for the year 1940 and prior years; that said Lillie Hart did then knowingly, willfully, unlawfully, feloniously, and contrary to such oath give false statements to a material inquiry. Specifically, the first count alleged Lillie Hart stated under oath that she owned only one parcel of real estate in Seattle, a parcel located at 606 Seventh Avenue South; that she owned no other real estate and that no one had purchased any real estate for her within the six years preceding June 5, 1941, except the aforesaid premises; that in truth and in fact she had, in the year 1940, purchased premises located at 1107 Seventh Avenue West, Seattle, Washington. The facts upon which the second count of the indictment was based were that on a second occasion, June 11, 1941, said Lillie Hart appeared before the same revenue agent, took an oath to testify truthfully and did state, under oath, that she had never purchased a house at 1107 Seventh Avenue West, Seattle, Washington; that she did not furnish the money to buy the house; that she had never expended any money for any purpose on the premises; that she never purchased any furnishings at all for the premises. It was further alleged in this second count that Lillie Hart had in fact purchased the premises known as 1107 Seventh Avenue West; that she had furnished the money with which to purchase the property; that she had expended moneys making alterations on the premises; that she had expended the approximate sum of $7000 for furnishings for the said premises; that she had spent, in addition, the approximate sum of $1700 in the purchase of household equipment for the said premises. Each count concluded with the allegation that Lillie Hart knew the statements she made under oath on each occasion were false and untrue.
The evidence introduced tended to prove that, on June 5, 1941, when Lillie Hart first appeared before the special agent for the Bureau of Internal Revenue, she did so voluntarily, being advised that a claim was to be made against her for income tax liability, and she stated that if she owed anything she wanted to pay it. The defendant had not filed an income tax return and the examination was for the purpose of determining her income tax liability for certain prior years. She was advised of her constitutional right that she could not be required to incriminate herself, and then sworn to tell the truth. The agent asked her if she owned any real estate, to which she replied that the only real estate which she owned was located at 606 Seventh Avenue South, Seattle. Next, the agent asked her if anyone else had purchased real estate for her and she answered that no one had. On June 11, 1941, Lillie Hart appeared before the same agent and swore to the same oath as had been theretofore administered her. On this occasion she stated that she had not bought the premises at 1107 Seventh Avenue West; that it was owned by her sister, Corrine Gamble; that she had not provided the money to purchase the property; that the money was provided by her sister, Corrine Gamble; that she had not purchased the furnishings for that house, nor had she provided the money wherewith the purchases were made; that no one had purchased the premises for her. Corrine Gamble, sister of Lillie Hart, was called as a witness by the prosecution, and testified that she was a dressmaker; that she did not know the amount of her income for the preceding three years, but that she worked more than half of the period and that Lillie Hart had given her $400 or $500 during that time. She insisted that she purchased the property at 1107 Seventh Avenue West as her home and that it was hers. She admitted, however, that Lillie Hart gave her the money; that the defendant paid for all of the furnishings; that the contract for alterations on the premises was made and paid by the defendant; that the witness did not pay for a single item that went into the house. All of the bills were paid with defendant's money. Other witnesses — salespeople, decorators, etc. — were called by the prosecution and testified, in substance, that Lillie Hart had stated that she had just bought a home; that defendant had selected merchandise destined for 1107 Seventh Avenue West and paid for the same. Some of the witnesses testified that they dealt with the defendant as Mrs. Gamble and knew her by that name; that she had represented her name to be Mrs. Gamble.
As a witness for the defendant, a realtor or collector testified that he carried on negotiations for Mrs. Gamble looking to the purchase of the property at 1107 Seventh Avenue South; that he reported to her; that she made the down payment, paid for the equity of the former owners and paid him his fee. But he admitted on cross-examination that he had first looked at the house with the defendant who "wanted to buy a home for her sister." The defendant appeared in her own behalf and said that the property belonged to her sister; that she did not claim any interest in the property nor did she intend to make such claim; that she gave her sister the money to buy the property; that she paid for all the furnishings and equipment; that she does not claim ownership thereof. On cross-examination the defendant denied telling salespersons that s...
To continue reading
Request your trial
-
Com. v. Coleman
...a standard for weighing the evidence, but requires that the government present particular kinds of evidence...."). Hart v. United States, 131 F.2d 59, 61 (9th Cir.1942) ("clear, convincing, and ...
-
State v. Sanchez, 12690
...a standard for weighing the evidence, but requires that the government present particular kinds of evidence....'). Hart v. United States, 131 F.2d 59, 61 (9th Cir.1942) ('clear, convincing, and direct')." Commonwealth v. Coleman, 20 Mass.App. 541, 557-58 n. 21, 481 N.E.2d 523 (1985).9 There......
-
United States v. Marachowsky, 10540
...3rd Ed. § 2043." "8. Clayton v. United States, 4 Cir., 284 F. 537, 540; Phair v. United States, 3 Cir., 60 F.2d 953, 954; Hart v. United States, 9 Cir., 131 F.2d 59, 61; Fotie v. United States, 8 Cir., 137 F.2d 831, 840. Compare United States v. Harris, 311 U.S. 292, 61 S.Ct. 217, 85 L.Ed. ......
-
United States v. Neff
...1118; United States v. Nessanbaum, 3 Cir., 1953, 205 F.2d 93. 25 Smith v. United States, 6 Cir., 1948, 169 F.2d 118; Hart v. United States, 9 Cir., 1942, 131 F.2d 59; Phair v. United States, 3 Cir., 1932, 60 F.2d 953. 26 McWhorter v. United States, 5 Cir., 1952, 193 F.2d 982, 985; United St......