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UNITED STATES v. STEWART

No. 20641.

445 F.2d 897 (1971)

UNITED STATES of America, Appellee, v. Charles R. STEWART, Appellant.

United States Court of Appeals, Eighth Circuit.

August 4, 1971.

Attorney(s) appearing for the Case

Sam Raban, St. Louis, Mo., Harry Roth, Clayton, Mo., for appellant.

William C. Martin, Asst. U. S. Atty., St. Louis, Mo., for appellee.

Before ALDRICH, LAY and BRIGHT, Circuit Judges.

BRIGHT, Circuit Judge.

We previously have affirmed the conviction of appellant, Charles R. Stewart, for violation of the narcotics laws in Kibby et al. v. United States, 372 F.2d 598 (8th Cir.), cert. denied, 387 U.S. 931, 87 S.Ct. 2055, 18 L.Ed.2d 993 (1967). Following our affirmance, Stewart made a timely motion on July 5, 1967, for a new trial on the ground of newly discovered evidence pursuant to Rule 33, Fed.R.Crim.P. The district...

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