Charles Evans Whittaker

“ Only the first element of perjury is involved here because the District Court's dismissal of the indictment was upon the sole ground that 'Rule 3 * * * is not such a law of the United States as was intended by Congress to support an indictment for perjury.' Therefore, the only question open here is whether the admission hearing, held under the District Court's Rule 3, and at which appellee testified under oath, was a 'case in which a law of the United States authorizes an oath to be administered,' within the meaning of that clause as used in the perjury statute. ”

“ Their Rule 3, in pertinent part, provides:
'All attorneys residing outside of the State of Iowa and having civil matters in the court shall associate with them a resident attorney on whom notice may be served and who shall have the authority to act for and on behalf of the client in all matters * * *. Non-resident attorneys who have so associated with them a resident attorney shall be permitted to participate in a particular case upon satisfactory showing of good moral character. ”

“ The District Court sustained a demurrer to the indictment, 'ruling that the affidavit was not within the statute defining perjury.' The Government brought the case here under the Criminal Appeals Act. This Court reversed, saying:
'The charge of crime must have clear legislative basis. ”