EVANS
v.
UNITED STATES

U.S. | 1940-10-28
No. 315
311 U.S. 635 Supreme Court of the United States (1940) Positive Treatment
Cited by 2 cases

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  • Evans v. United States, 122 F.2d 461 (10th Cir. 1941)
    …2. We have before us a motion of appellant to remand this case to the trial court in order that a motion for a new trial on the ground of newly discovered evidence may be there entertained. By mandate of the Supreme Court in Evans v. United States, 311 U.S. 635, 61 S.Ct. 69, 85 L.Ed. -; Id., 312 U.S. 651, 61 S.Ct. 548, 85 L.Ed. -, we were directed to reconsider this motion when the transcript of the evidence should come before us. Hence it is timely and necessary that we now determine same. The motion is…
  • Caldwell v. United States, 338 F.2d 385 (8th Cir. 1964)
    …Criminal Law § 709 (1961) and 20 Am.Jur. Evidence § 718 (1962). Generally, devices and instruments used in the commission of crime are properly admitted into evidence. See e. g., Evans v. United States, 122 F. 2d 461 (10th Cir. 1941), cert. granted 311 U.S. 635, 61 S.Ct. 69, 85 L.Ed. 404; rem’d. per curiam 312 U.S. 651, 61 S.Ct. 548, 85 L.Ed. 1102; cert. denied 314 U.S. 698, 62 S.Ct. 478, 86 L.Ed. 558 (1941), where the court admitted a string and broom used in the commission of a homicide. The defendant a…

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