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UNITED STATES v. SMITH

No. 15507.

331 F.2d 145 (1964)

UNITED STATES of America, Plaintiff-Appellee, v. James SMITH, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

May 1, 1964.

Attorney(s) appearing for the Case

Hopkins, Hopkins, Wilson & Morrissey, on the brief, Cincinnati, Ohio, Scott H. Ray, Jr., Lebanon, Ohio, of counsel, for appellant.

Arnold Morelli, First Asst. U. S. Atty., Cincinnati, Ohio, for appellee, Joseph P. Kinneary, U. S. Atty., Cincinnati, Ohio, on the brief.

Before MILLER, CECIL and EDWARDS, Circuit Judges.

ORDER.

This cause is pending before this Court on appeal from a judgment of conviction in the United States District Court for the Southern District of Ohio.

The Court having been orally advised that subsequent to filing a notice of appeal in the District Court, counsel for the appellant filed in the trial court a motion for new trial on the ground of newly discovered evidence.

It is hereby ordered that consideration and decision of this appeal be...

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