GARDNER, Circuit Judge.
This is an appeal from an order denying appellant's motion for a new trial upon the ground of alleged newly discovered evidence. The parties will be referred to as they appeared below.
On April 27, 1935, defendant was indicted in an indictment of four counts charging him with the sale of narcotic drugs in violation of section 1043(a), title 26 U.S.C.A., it being charged that the offenses described in counts 3 and 4 were committed on...
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