UNITED STATES OF AMERICA
v.
ANDREW BERKLEY WILLIS, APPELLANT

3d Cir. | 1955-01-04
No. 11394
217 F.2d 941 United States Court of Appeals for the Third Circuit (1955) Positive Treatment
Cited by 2 cases

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Holding

The court held that the trial judge did not abuse discretion in denying a new trial based on newly discovered evidence.


Facts & Procedural History

Defendant was convicted and sentenced, then applied for a new trial based on newly discovered evidence. The trial judge held a hearing but denied the …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal from the denial of an application for a new trial on the grounds of newly discovered evidence. The defendant had been convicted and sentenced following a jury trial. The trial judge gave him a thorough hearing on the application for a new trial. He concluded that the showing upon the application was insufficient to justify the relief sought.

The criteria for granting a new trial on the basis of newly discovered evidence are set out in Johnson v. United States, 8 Cir., 1929, 32 F. 2d 127. They met the approval of this Court in United States v. Rutkin, 1953, 208 F. 2d 647. They were correctly applied to the situation by the trial judge.

This case is not one where we should interfere with the discretion exercised by the trial judge in denying the motion. He did the right thing in granting a hearing and seeing the witnesses. While what they had to say is relevant we agree with the trial judge that it is impeaching testimony only and concur in his conclusion that it is highly doubtful whether the testimony would produce any different results at another trial.

The judgment of the district court will be affirmed.


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