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MURPHY v. UNITED STATES

No. 11321.

198 F.2d 87 (1952)

MURPHY v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Decided July 3, 1952.

Attorney(s) appearing for the Case

Frederick C. LeComte, Washington, D. C., for appellant. (Appointed by the District Court).

Lewis A. Carroll, Asst. U. S. Atty., Washington, D. C., with whom Charles M. Irelan, U. S. Atty., Washington, D. C., Arthur J. McLaughlin, Asst. U. S. Atty., Concord, Mass., and Joseph M. Howard, Asst. U. S. Atty., Washington, D. C., were on the brief, for appellee.

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

PER CURIAM.

Appellant was convicted of obstructing justice, D.C.Code 1940, § 22-703, and was sentenced to prison. Several months afterward, he filed a motion for new trial on grounds of newly discovered evidence, which was denied after hearing.

The alleged newly discovered evidence was asserted to be a Juvenile Court record of a prosecution witness and was to be presented for purposes of impeaching that witness. As this court has said in Thompson v. United...

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