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UNITED STATES v. JOHNSON

No. 73-1225.

487 F.2d 1318 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Walter H. JOHNSON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 20, 1974.

Attorney(s) appearing for the Case

Cecil M. Burglass, Jr., F. Irvin Dymond, New Orleans, La., for defendant-appellant.

Donald E. Walter, U. S. Atty., D. H. Perkins, Jr., Asst. U. S. Atty., Shreveport, La., for plaintiff-appellee.

Before TUTTLE, BELL and GOLDBERG, Circuit Judges.

BELL, Circuit Judge:

The result of this disjointed and to some extent obfuscated appeal is an affirmance in part and a remand in part for determinations on two matters. The first is whether a key prosecution witness' post-trial deposition warrants a new trial on grounds of newly discovered evidence. The second is whether prosecutorial misconduct suggested by the deposition actually occurred, and if so whether it accords appellant the right to a new trial.

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