No. 281, Docket 24997.

255 F.2d 876 (1958)

UNITED STATES of America, Appellee, v. Frank COSTELLO, Appellant.

United States Court of Appeals Second Circuit.

Decided May 20, 1958.

Attorney(s) appearing for the Case

Edward Bennett Williams, Washington, D. C. (Morris Shilensky, of Hays, St. John, Abramson & Heilbron, New York City, and Agnes A. Neill, Washington, D. C., on the brief), for appellant.

Arthur H. Christy, Chief Asst. U. S. Atty. for the Southern District of New York, New York City (Paul W. Williams, U. S. Atty., George I. Gordon and Jerome J. Londin, Asst. U. S. Attys., S.D.N.Y., New York City, on the brief), for appellee.

Before CLARK, Chief Judge, HINCKS, Circuit Judge, and BRENNAN, District Judge.

HINCKS, Circuit Judge.

This is an appeal from an order of the District Court which denied appellant's motion for a new trial under Rule 33 of the Federal Rules of Criminal Procedure.1 The motion initially was based only upon a claim of newly discovered evidence allegedly showing that the fruits of illegal wire tapping had been used at the trial. In the course of hearings on the motion, the appellant was permitted by amendment to enlarge...


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