RAYOR v. UNITED STATES

No. 18653.

323 F.2d 519 (1963)

Seymour R. RAYOR, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

October 8, 1963.


Attorney(s) appearing for the Case

Ernest R. Mortenson, Pasadena, Cal., for appellant.

Francis C. Whelan, U. S. Atty., Thomas R. Sheridan, Asst. U. S. Atty., Chief, Criminal Section, and Richard G. Sherman, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before BARNES, JERTBERG and KOELSCH, Circuit Judges.


We dismissed appellant's appeal for what we thought obvious reasons. His vigorous petition for rehearing persuades us we should reply in some detail.

Rule 33 of the Federal Rules of Criminal Procedure requires a motion for a new trial based on any other ground than newly discovered evidence to be made within five days after verdict or finding of guilty, or within such further time as the court may fix during the five days period.

Rule 34 (to be hereinafter...

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