STEWART

v.

JOHNSTON

Citator

Cited By

• Evans v. United States, 122 F.2d 461 (10th Cir. 1941)
  …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 supported only by the affidavit of Harry Pec…
• Caldwell v. United States, 338 F.2d 385 (8th Cir. 1964)
  …962). 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 also objected to introduction into evidence of his hat and o…