SLAPPEY v. UNITED STATES

No. 9327.

110 F.2d 528 (1940)

SLAPPEY v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

March 19, 1940.


Attorney(s) appearing for the Case

Jos. O. McGehee, of Columbus, Ga., for appellant.

T. Hoyt Davis, U. S. Atty., and H. G. Rawls, Asst. U. S. Atty., both of Macon, Ga., for appellee.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.


PER CURIAM.

Against the appellant there was the direct and positive testimony of one witness who claimed to be a co-principal in the making, possession and transportation of the distilled liquor, and there were also corroborating circumstances. Such evidence was sufficient to support the verdict of guilty.

The extraordinary motion for a new trial was based on newly discovered evidence that prior to the trial the witness above mentioned had made statements...

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