UNITED STATES v. BREWER

No. 15468.

360 F.2d 112 (1966)

UNITED STATES of America v. Harry Gardner BREWER, Appellant.

United States Court of Appeals Third Circuit.

Decided May 10, 1966.


Attorney(s) appearing for the Case

Ralph J. Kmiec, Camden, N. J. (Angelo D. Malandra, Camden, N. J., on the brief), for appellant.

Mark E. Litowitz, Asst. U. S. Atty., Newark, N. J. (David M. Satz, Jr., U. S. Atty., Wilbur H. Mathesius, Asst. U. S. Atty, Newark, N. J., on the brief), for appellee.

Before McLAUGHLIN, GANEY and FREEDMAN, Circuit Judges.


PER CURIAM.

Appellant and his co-defendant were convicted of armed bank robbery. He contends that the trial judge erred in denying his motion for a new trial on the grounds of newly discovered evidence. The alleged newly discovered evidence was the statement of the co-defendant (who did not appeal) that he alone committed the robbery and that appellant was not involved. Foy, the co-defendant, at the trial had never implicated appellant Brewer in the robbery; had stated...

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