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COATES v. UNITED STATES

No. 9898.

174 F.2d 959 (1949)

COATES v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Decided March 21, 1949.

Attorney(s) appearing for the Case

Mr. Octave Bigoness, of Washington, D. C., for appellant.

Mr. Joseph F. Lawless, Asst. U. S. Atty. of Washington, D. C., with whom Mr. George Morris Fay, U. S. Atty. and Mr. John D. Lane, Asst. U. S. Atty., of Washington, D. C., were on the brief, for appellee.

Mr. Sidney S. Sachs, Asst. U. S. Atty., of Washington, D. C., also entered an appearance for appellee.

Before CLARK, PRETTYMAN and PROCTOR, Circuit Judges.

PRETTYMAN, Circuit Judge.

Appellant was indicted, tried and convicted upon a charge of robbery. He moved for a new trial on the basis of newly-discovered evidence. The motion was denied, and he appealed.

The prosecution consisted of the testimony of the complaining witness. He recited that on the night of the alleged crime he was in a room where a crap game was in progress, the defendant being one of the players; that he (the complainant) had $75 in his pocket...

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