Frank Murphy

“ Nor can we see any reason to make one. As the government points out, the denial of the fact that certain statements have been made may be equally as clear, deliberate, and material a falsehood as the denial of any other fact. And since statements made to government agents are generally one of the bases upon which criminal proceedings are instituted and indictments returned, such a distinction might substantially impede effective administration of criminal law. ”

“ The grand jury thereupon found the indictments [1] now before us which charge, in effect, that appellees' testimony was false, that it was material to the investigation of the grand jury, and that appellees therefore committed perjury in violation of Section 125 of the Criminal Code (35 Stat. 1111, 18 U.S.C. § 231, 18 U.S.C.A. § 231) . [2]
Appellees promptly moved to quash the indictments on the ground that they failed 'to charge an offense against the United States'. ”

“ The difference between the instant cases and such cases as Phair v. United States, 3 Cir., 60 F.2d 953, therefore, is obvious and substantial. See O'Brien v. United States, 69 App.D.C. 135, 99 F.2d 368. ”