AMOS v. UNITED STATES

No. 12121.

218 F.2d 44 (1954)

Junior AMOS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided December 16, 1954.


Attorney(s) appearing for the Case

Mr. Jo V. Morgan, Jr., Washington, D. C. (appointed by the District Court), for appellant.

Mr. Samuel J. L'Hommedieu, Jr., Asst. U. S. Atty., Washington, D. C., with whom Messrs. Leo A. Rover, U. S. Atty., and Lewis Carroll and Edward Troxell, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee. Mr. Harold H. Greene, Asst. U. S. Atty., Washington, D. C., also entered an appearance for appellee.

Before EDGERTON, WILBUR K. MILLER, and WASHINGTON, Circuit Judges.


EDGERTON, Circuit Judge.

Amos was convicted of assault with a dangerous weapon. He appeals from an order denying his motion for a new trial.

The defendant cut the complaining witness Smith. The motion for a new trial was supported, among other things, by an affidavit of one Bordeaux, who was not a witness at the trial, that just before the cutting Smith had threatened the defendant with a knife. At the trial there was no testimony, except that of the defendant...

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