UNITED STATES v. McCOY

No. 72-1254.

478 F.2d 846 (1973)

UNITED STATES of America, Appellee, v. Curtis E. McCOY, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 8, 1973.


Attorney(s) appearing for the Case

Curtis E. Von Kann, Washington, D. C., Court-appointed (Hogan & Hartson, Washington, D. C., on brief), for appellant.

David H. Hopkins, Asst. U. S. Atty. (Brian P. Gettings, U. S. Atty., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, BOREMAN, Senior Circuit Judge, and CRAVEN, Circuit Judge.


PER CURIAM.

After having been convicted of possession, knowingly, of a check stolen from the mails in violation of 18 U.S.C.A. §§ 1708 and 1702, the defendant sought a retrial under Rule 33 F.R.Cr.P. The evidence claimed to have been newly discovered was that the principal witness for the prosecution had falsely denied ever having been arrested, when, in fact, he had recently been convicted of a somewhat similar offense.

The stolen check was one...

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