UNITED STATES v. LITTLEPAGE

No. 72-1654 Summary Calendar.

465 F.2d 63 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Johnny Ray LITTLEPAGE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 15, 1972.


Attorney(s) appearing for the Case

J. B. Champion, Jr., Ardmore, Okl., for defendant-appellant.

Eldon B. Mahon, U. S. Atty., Fort Worth, Tex., Charles D. Cabaniss, Asst. U. S. Atty., Dallas, Tex., Frank D. McCown, U. S. Atty., Andrew Barr, Asst. U. S. Atty., U. S. Court of Appeals, for plaintiff-appellee.

Before THORNBERRY, COLEMAN and INGRAHAM, Circuit Judges.


PER CURIAM:

In an order filed January 25, 1972, this Court remanded the case for a hearing on the motion for a new trial and for findings of fact and conclusions of law. An evidentiary hearing was held on February 18, 1972. A new trial was denied in an order filed March 13, 1972, on grounds that the alleged new evidence was known at the time of the trial, was merely cumulative, and would probably not produce a new result.

We append hereto the findings of fact...

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