Court of Appeals for the Ninth Circuit February 11, 1971, 25474 (United States v. Kenneth M. Brandyberry)

BARNES, Circuit Judge.

This is an appeal from a conviction of four counts of perjury (a fifth count was dismissed). The perjurious testimony charged was allegedly given before a grand jury investigating the “fixing” of a horse race.

Appellant had received a “tip” on “Deerwood Duke,” a horse running in the twelfth race at Pomona, California, on September 25, 1968 (post time, 6:34 p. m.).