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PADDOCK v. UNITED STATES

Misc. No. 1169.

302 F.2d 514 (1962)

Patrick B. PADDOCK, Petitioner, v. UNITED STATES of America, Respondent.

United States Court of Appeals Ninth Circuit.

February 20, 1962.

Attorney(s) appearing for the Case

Maurice D. L. Fuller, Jr., San Francisco, Cal., for appellant.

C. A. Muecke, U. S. Atty., James J. Brosnahan, Jr., Asst. U. S. Atty., Phoenix, Ariz., for appellee.

Before MERRILL, BROWNING and DUNIWAY, Circuit Judges.

PER CURIAM.

Appellant has moved for leave to apply to the District Court for new trial on the ground of newly discovered evidence and, in the alternative, for leave to appeal to this court in forma pauperis.

The procedure which this court prefers to follow in cases in which appellant desires to move for new trial on the ground of newly discovered evidence is pointed out in orders entered in Smith v. United States, 9 Cir., 294 F.2d 771

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