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UNITED STATES v. WECHSLER

Nos. 12969-12973.

406 F.2d 1032 (1969)

UNITED STATES of America, Appellee, v. Nathan WECHSLER et al., Appellant. UNITED STATES of America, Appellee, v. Sigmund GOLDBLATT, Appellant. UNITED STATES of America, Appellee, v. Robert C. COTTEN, Jr., Appellant. UNITED STATES of America, Appellee, v. A. Claiborne LEIGH, Appellant. UNITED STATES of America, Appellee, v. George FAIGEN and Seymour Faigen, Appellants.

United States Court of Appeals Fourth Circuit.

Decided February 10, 1969.

Attorney(s) appearing for the Case

David I. Shapiro, Washington, D. C. (Frank F. Flegal, and Dickstein, Shapiro & Galligan, Philip F. Herrick, Raymond W. Bergan, Washington, D. C., Leroy E. Batchelor, Arlington, Va., and Williams & Connolly, Washington, D. C., on brief) for appellants.

Gerald E. McDowell, Atty., Dept. of Justice (Edward T. Joyce, Atty., Dept. of Justice, and C. V. Spratley, Jr., U. S. Atty., on brief) for appellee.

Before HAYNSWORTH, Chief Judge, and WINTER and CRAVEN, Circuit Judges.

PER CURIAM:

We affirm the order below denying motion for a new trial.

The District Judge elected to hear the motions on affidavits and failed to grant an oral evidentiary hearing although one was sought. In this context his remark from the bench that the evidence was in equipoise is ambiguous. We cannot fairly determine that credibility was resolved against the contention of defendants — and thus must assume...

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