CLEARY v. UNITED STATES

No. 11520.

163 F.2d 748 (1947)

CLEARY v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

October 4, 1947.


Attorney(s) appearing for the Case

James Russell Cleary, in pro. per., for appellant.

J. Charles Dennis, U. S. Atty., and John E. Belcher, Asst. U. S. Atty., both of Seattle, Wash., for appellee.

Before DENMAN, STEPHENS, and ORR, Circuit Judges.


DENMAN, Circuit Judge.

This is an appeal from an order of the district court denying appellant's motion for a new trial upon the ground of newly discovered evidence, based upon Rule 33 of the Federal Rules of Criminal Procedure, 18 U.S.C.A. following section 687, as follows:

"The court may grant a new trial to a defendant if required in the interest of justice. * * * A motion for a new trial based on the ground of newly discovered evidence may be made only...

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