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CAMPBELL v. UNITED STATES

Nos. 19411, 20416.

377 F.2d 135 (1966)

Howard CAMPBELL, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 16, 1966.

Judgment May 11, 1967.

Attorney(s) appearing for the Case

Mr. Austin P. Frum, Washington, D. C. (appointed by this court), for appellant. Mr. Thomas S. Jackson, Washington, D. C. (appointed by this court), also entered an appearance for appellant.

Mr. Henry J. Monahan, Asst. U. S. Atty., with whom Messrs. John C. Conliff, Jr., U. S. Atty., at the time the brief was filed, Frank Q. Nebeker and William C. Weitzel, Jr., Asst. U. S. Attys., were on the brief, for appellee.

Before PRETTYMAN, Senior Circuit Judge, and BURGER and WRIGHT, Circuit Judges.

PER CURIAM:

We are asked to review the District Court's denial of a new trial sought by Appellant on the ground of newly discovered evidence. Because of other factors in the case which first came to our notice during oral argument and were not presented to the District Court, we conclude that we must remand for further hearings.

Appellant's "newly discovered" evidence presented in the hearing on his new trial motion was that certain alibi witnesses, if called...

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