UNITED STATES v. SIGLER

No. 18809.

297 F.2d 533 (1962)

UNITED STATES of America ex rel. Thomas GOINS, Appellant, v. Maurice SIGLER, Warden (Victor G. Walker, Successor Warden to Maurice Sigler, Warden), Appellee.

United States Court of Appeals Fifth Circuit.

January 2, 1962.


Attorney(s) appearing for the Case

James D. McGovern, Jr., New Orleans, La., for appellant.

Jack P. F. Gremillion, Atty. Gen., John E. Jackson, Jr., Asst. Atty. Gen., M. E. Culligan, Asst. Atty. Gen., Richard Dowling, Dist. Atty., New Orleans, for appellee.

Before TUTTLE, Chief Judge, POPE and GEWIN, Circuit Judges.


PER CURIAM.

The appellant here complains of the trial court's dismissal, without a hearing, of his motion for new trial on the grounds of newly discovered evidence. The motion was made in a habeas corpus proceeding in which the trial court had issued an order denying appellant relief from a state conviction and sentence of execution.

Upon the original filing of the petition for habeas corpus the District Court conducted a hearing on appellant's complaint that...

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