(dissenting).
This decision changes the salutory rule laid down by this Court in United States v. Meisch, 370 F.2d 768, 773-774 (1966), in United States v. Johnson, 371 F.2d 800, 804-805 (1967), and in United States v. Evans, 3 Cir., 398 F.2d 159 (1968). The majority decides that the evidence given by the witnesses for Jackson was of such a kind and character, with a presumption of truthfulness, as to equalize or outweigh the evidence given by the witnesses in favor of the United States, also with a presumption of truthfulness. To my mind no jury and no judge could make a valid judgment as to the veracity of witnesses under such conditions. The majority opinion commits the paradox of weighing one imponderable against another. The old rule should be adhered to. For these reasons, I must respectfully dissent.