UNITED STATES v. SMITH

No. 28438.

433 F.2d 149 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Frank SMITH, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 14, 1970.


Attorney(s) appearing for the Case

Thomas B. Foster, Jr., Houston, Tex., for defendant-appellant; Frank Smith, pro se.

Seagal V. Wheatley, U. S. Atty., Reese L. Harrison, Jr., Asst. U. S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before GODBOLD, SIMPSON and MORGAN, Circuit Judges.


PER CURIAM:

Appellant Frank Smith comes before this Court with several attacks upon a denial by the district court of his motion for new trial.1 We affirm.

Smith alleges that the district court erred in refusing to grant a new trial on the basis of newly discovered evidence. The motion was based on the post-trial affidavit of Richard Hinton, a chief prosecution witness at Smith's trial, which stated that Hinton recanted his trial...

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