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FALLEN v. UNITED STATES

No. 16853.

249 F.2d 94 (1957)

Curtis FALLEN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 10, 1957.

Attorney(s) appearing for the Case

Mark Dunahoo, Winder, Ga., for appellant.

William C. Calhoun, U. S. Atty., Augusta, Ga., Donald H. Fraser, Asst. U. S. Atty., Savannah, Ga., for appellee.

Before RIVES, TUTTLE and BROWN, Circuit Judges.

PER CURIAM.

Appellant's original conviction was affirmed by this Court in Fallen v. United States, 220 F.2d 946. In that opinion also, we found no abuse of discretion by the district court in denying the appellant's motion for new trial on the ground of newly discovered evidence. The present appeal is from a denial of another such motion. The district court found that the alleged newly discovered evidence was cumulative and impeaching...

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