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BLACKBURN v. UNITED STATES

No. 11995.

228 F.2d 33 (1955)

Walter J. BLACKBURN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided October 20, 1955.

Petition for Rehearing Denied November 30, 1955.

Attorney(s) appearing for the Case

Mr. David G. Bress, Washington, D. C. (appointed by this Court), for appellant.

Mr. Gerard J. O'Brien, Asst. U. S. Atty., with whom Mr. Leo A. Rover, U. S. Atty., and Messrs. Lewis Carroll and Harold H. Titus, Jr., Asst. U. S. Attys., were on the brief, for appellee.

Mr. Carl W. Belcher, Asst. U. S. Atty., also entered an appearance for appellee.

Before PRETTYMAN, BAZELON and DANAHER, Circuit Judges.

PER CURIAM.

This is an appeal from the denial of a motion for a new trial upon alleged newly discovered evidence. Appellant was indicted with another man for housebreaking and larceny. His co-defendant pleaded guilty. Upon appellant's trial two other men appeared as witnesses for the Government. The motion for a new trial is based upon a recantation by one of these witnesses and a supporting affidavit by the co-defendant, who did not testify at the trial. The District...

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