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SAUNDERS v. UNITED STATES

Nos. 10965, 11054.

192 F.2d 409 (1951)

SAUNDERS v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Decided July 13, 1951.

Attorney(s) appearing for the Case

Charles S. Sures, Washington, D. C., with whom Nathan M. Lubar, Washington, D. C., was on the brief, for appellant.

Joseph A. Sommer, Asst. United States Atty., Washington, D. C., with whom George Morris Fay, United States Atty., and Grace B. Stiles and Joseph M. Howard, Asst. United States Attys., Washington, D. C., were on the brief, for appellee.

Before WILBUR K. MILLER, PRETTYMAN, and BAZELON, Circuit Judges.

PRETTYMAN, Circuit Judge.

Appellant was indicted, tried, convicted and sentenced for assault with a dangerous weapon upon one James C. Russell. Sentence was pronounced January 19, 1951, and notice of appeal was filed January 29, 1951. On February 16, 1951, a motion for a new trial, partially upon the ground of newly discovered evidence, was filed in the District Court, which motion was denied on March 1, 1951, after hearing...

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