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UNITED STATES v. WARD

No. 76-1598.

544 F.2d 975 (1976)

UNITED STATES of America, Appellee, v. Frank Douglas WARD and Johnnie Lee Slingerland, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided November 17, 1976.

Attorney(s) appearing for the Case

H. Allan Dishongh, Little Rock, Ark., for appellants.

W. H. Dillahunty, U. S. Atty. and Gene O'Daniel, Asst. U. S. Atty., Little Rock, Ark., for appellee.

Before LAY, ROSS and STEPHENSON, Circuit Judges.

PER CURIAM.

Frank Ward and Johnnie Slingerland appeal from the district court's1 denial of their motion for a new trial based on newly discovered evidence. For the reasons stated below, we conclude that the trial court's denial of the motion did not constitute an abuse of discretion and accordingly affirm.

Appellants and two co-defendants, Paul Jarnigan and Joseph Micciche, were convicted...

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