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TOMLEY v. UNITED STATES

No. 17377.

260 F.2d 468 (1958)

Joseph TOMLEY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

October 31, 1958.

Attorney(s) appearing for the Case

Joseph Tomley, in pro. per., for appellant.

Floyd M. Buford, Asst. U. S. Atty., Macon, Ga., for appellee.

Before RIVES, TUTTLE and JONES, Circuit Judges.

PER CURIAM.

Appellant was convicted for conspiracy to violate 18 U.S.C.A. § 641, and this Court, on December 26, 1957, affirmed the conviction, 250 F.2d 549, certiorari denied 356 U.S. 928, 78 S.Ct. 716, 2 L.Ed. 2d 759. On April 25, 1958, appellant filed with the District Court an extraordinary motion for new trial based on an affidavit of a person who sought to impeach the testimony of the principal witness for the prosecution...

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