Tomley v. United States, 17377.
Decision Date | 31 October 1958 |
Docket Number | No. 17377.,17377. |
Parties | Joseph TOMLEY, Appellant, v. UNITED STATES of America, Appellee. |
Court | U.S. Court of Appeals — Fifth Circuit |
Joseph Tomley, in pro. per., for appellant.
Floyd M. Buford, Asst. U. S. Atty., Macon, Ga., for appellee.
Before RIVES, TUTTLE and JONES, Circuit Judges.
Appellant was convicted for conspiracy to violate 18 U.S.C.A. § 641, and this Court, on December 26, 1957, affirmed the conviction, 250 F.2d 549, certiorari denied 356 U.S. 928, 78 S.Ct. 716, 2 L.Ed. 2d 759. On April 25, 1958, appellant filed with the District Court an extraordinary motion for new trial based on an affidavit of a person who sought to impeach the testimony of the principal witness for the prosecution. The District Court denied the motion and this appeal resulted.
The affidavit in this case being one step removed from an affidavit of recantation, so much the less should an appellate court interfere with the judgment of the trial court in exercising his discretion to deny the motion for new trial.
The judgment is affirmed.
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