ZAMLOCH v. UNITED STATES

No. 12753.

187 F.2d 854 (1951)

ZAMLOCH v. UNITED STATES.

United States Court of Appeals Ninth Circuit.

March 9, 1951.


Attorney(s) appearing for the Case

Leo Friedman, San Francisco, Cal., for appellant.

Frank J. Hennessy, U. S. Atty., Joseph Karesh and Charles O'Gara, Assts. U. S. Atty., San Francisco, Cal., for appellee.

Before BONE, ORR and POPE, Circuit Judges.


PER CURIAM.

This cause is before us on a motion to remand the case to the trial court in order to permit appellant to move for a new trial on the ground of newly discovered evidence.

During the time Rule II(3) was in effect such was the proper procedure and this court so held in Wagner v. United States, 9 Cir., 118 F.2d 801. Rule II(3) provided: "A motion for a new trial solely upon the ground of newly-discovered evidence...

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