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SMITH v. UNITED STATES

No. 19663.

361 F.2d 74 (1966)

Roy A. SMITH, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 6, 1966.

Attorney(s) appearing for the Case

Mr. John T. Miller, Jr., Washington, D. C. (appointed by this court) for appellant.

Mr. Henry J. Monahan, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and David Epstein, Asst. U. S. Attys., were on the brief, for appellee.

Before BAZELON, Chief Judge, and FAHY and McGOWAN, Circuit Judges.

BAZELON, Chief Judge:

Appellant was convicted of housebreaking and sentenced to imprisonment from two to eight years. Fourteen days after the jury announced its verdict, appellant filed, pro se, a motion for new trial on the basis of newly discovered evidence. The trial judge summarily denied this motion.

Appellant was convicted on the testimony of two police officers who testified that on December 21, 1964, they noticed a red Chevrolet convertible...

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