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LYLES v. UNITED STATES

No. 18213.

279 F.2d 358 (1960)

Jack Wayne LYLES, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 28, 1960.

Attorney(s) appearing for the Case

William F. Walsh, Houston, Tex., for appellant.

Robert C. Maley, Jr., Norman W. Black, Asst. U. S. Attys., Houston, Tex., William B. Butler, U. S. Atty., Houston, Tex., for appellee.

Before HUTCHESON, BROWN and WISDOM, Circuit Judges.

PER CURIAM.

When appellant was here before on his appeal from the denial of his motion for new trial,1 on the ground of newly discovered evidence, we fully recognized that it was not our province "to review orders granting or denying motions for a new trial where such review is sought on the alleged ground that the trial court made erroneous findings of fact." United States v. Johnson, 327 U.S. 106, at ...

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