GORDON v. UNITED STATES

No. 20126.

383 F.2d 936 (1967)

Morris W. GORDON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided September 18, 1967.

As Amended October 12, 1967.

Petition for Rehearing Denied October 27, 1967.


Attorney(s) appearing for the Case

Mrs. Zora F. Hostetler, Washington, D. C. (appointed by this court), for appellant.

Miss Carol Garfiel, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., and Frank Q. Nebeker, Asst. U. S. Atty., were on the brief, for appellee. Mr. Robert Kenly Webster, Asst. U. S. Atty., also entered an appearance for appellee.

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


Petition for Rehearing En Banc Denied October 27, 1967.

BURGER, Circuit Judge:

Appellant was convicted of robbery and assault with a dangerous weapon. On appeal this Court remanded the case to the District Court without considering the merits when it appeared that the District Court had indicated willingness to grant a new trial1 because of newly discovered evidence. The new evidence was that the complaining witness, the sole government...

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