SMITH, District Judge.
The defendant was tried and convicted on an indictment which charged him and another with a violation of Section 659 of Title 18 U.S.C.A., to wit, the theft of merchandise from an interstate shipment of freight. The co-defendant, one Frank Lanzetti, was acquitted. The matter was heretofore before this Court on a motion for a new trial based solely on the ground of newly discovered evidence. This motion was denied after a full hearing on the...
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