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SMITH v. UNITED STATES

Nos. 17601, 17278.

305 F.2d 197 (1962)

L. M. SMITH, also known as Laurence M. Smith, and Earl C. Corey, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied July 31, 1962.

Attorney(s) appearing for the Case

Bernard, Bernard, Edwards & Hurley, E. F. Bernard, Portland, Or., for appellant Corey.

Mautz, Souther, Spaulding, Kinsey & Williamson, Bruce Spaulding, and A. Allan Franzke, Portland, Or., for appellant Smith.

Sidney I. Lezak, Acting U. S. Atty., and David Robinson, Jr., Asst. U. S. Atty., Portland, Or., for appellee.

Before CHAMBERS, BARNES and HAMLEY, Circuit Judges.

HAMLEY, Circuit Judge.

L. M. Smith and Earl C. Corey were jointly tried and convicted on charges involving 15 U.S.C.A. § 714m(a) and 18 U.S.C. §§ 371 and 434.1 While their appeals from these convictions, consolidated as No. 17278, were pending here, they separately moved in the district court for a new trial on the ground of newly-discovered evidence. The motions being denied, they have appealed from the order of denial...

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