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DOWLING v. UNITED STATES

No. 6066.

49 F.2d 1014 (1931)

DOWLING v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

May 19, 1931.

Attorney(s) appearing for the Case

Ion L. Farris and M. H. Myerson, both of Jacksonville, Fla. (R. E. Stillman, of Jacksonville, Fla., on the brief), for appellant.

W. P. Hughes, U. S. Atty., of Jacksonville, Fla.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.

SIBLEY, Circuit Judge.

From a sentence of fine and penitentiary imprisonment for violation of the Volstead Act (27 USCA), W. H. Dowling appeals. He has moved in this court for leave to present in the trial court an extraordinary motion for a new trial, based on evidence newly discovered since the appeal, and on a contention that his leading counsel was insane at the time of trial. We have examined the affidavits accompanying the motion. There is nothing to support...

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