LEE v. UNITED STATES

No. 21469.

388 F.2d 737 (1968)

John Robert LEE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

January 26, 1968.


Attorney(s) appearing for the Case

A. Kendall Wood (argued), Michael E. Witte, of Hinchy, Katz, Witte & Wood, San Diego, Cal., for appellant.

Shelby Gott (argued), Asst. U. S. Atty., Edwin L. Miller, Jr., U. S. Atty., Phillip W. Johnson, Asst. U. S. Atty., San Diego, Cal., for appellee.

Before MERRILL and ELY, Circuit Judges, and STEPHENS, District Judge.


MERRILL, Circuit Judge.

Appellant was convicted of bank robbery and has taken this appeal from judgment. The sole question presented is whether the District Court erred in denying motion for new trial sought by appellant upon the ground that the Government deliberately concealed evidence which might clearly have operated in his favor.

If there had been such concealment appellant's right to due process had been violated and he was entitled to new trial. Brady...

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