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FERINA v. UNITED STATES

Nos. 16783, 16908, 16784, 16909, 16786, 16911.

302 F.2d 95 (1962)

Felix FERINA, Appellant, v. UNITED STATES of America, Appellee. Anthony J. BIASE, Appellant, v. UNITED STATES of America, Appellee. Anthony CARDARELLA, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied May 14, 1962.

Attorney(s) appearing for the Case

Kenneth C. West, Kansas City, Mo., for appellant, Felix Ferina, and Walter A. Raymond, Kansas City, Mo., on the brief with him in case No. 16783.

Moss H. Silverforb, Kansas City, Mo., for appellant Anthony Biase in case No. 16784.

Kenneth C. West and James Patrick Quinn, Kansas City, Mo., for appellant Anthony Cardarella and James J. Waters, Kansas City, Mo., with Mr. Quinn on the brief in case No. 16786.

Kenneth C. West, Kansas City, Mo., for appellants Felix Ferina and Anthony John Cardarella in cases Nos. 16908 and 16911 and Walter A. Raymond, Kansas City, Mo., on the brief for appellant Felix Ferina in case No. 16908.

No brief was filed for Mr. Anthony John Cardarella in case No. 16911.

Moss H. Silverforb, Kansas City, Mo., for Anthony J. Biase in case No. 16909.

Allen J. Krouse, Dept. of Justice, Washington, D. C., for appellee in these cases and Herbert J. Miller, Jr., Asst. Atty. Gen., Dept. of Justice, Washington, D. C., and James J. Featherstone, Dept. of Justice, Washington, D. C., on the briefs in the above cases.

Before VOGEL and VAN OOSTERHOUT, Circuit Judges, and GRAVEN, Senior District Judge.

GRAVEN, Senior District Judge.

The appellants were tried in one joint jury trial. On May 22d, 1961, they filed notices of appeal from the convictions and sentences resulting therefrom. On October 26th, 1961, while those appeals were pending, they each filed in the trial court a motion for a new trial on the ground of newly discovered evidence under Rule 33 of the Federal Rules of Criminal Procedure, 18 U.S.C.A. On November 15th, 1961, the trial court entered an order...

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