United States v. Minkoff

U.S. Court of Appeals for the Second Circuit April 20, 1950

United States v. Minkoff, 181 F.2d 538 (2d Cir. 1950)

1950 U.S. App. LEXIS 2647

Augustus, Clark, Frank, Hand, Per Curiam

Opinion

PER CURIAM.

Appellants’ motion asks that we remand this case to the district court in order that they may there seek a new trial for newly discovered evidence. Under Rule 33 of the Federal Rules of Criminal Procedure, 18 U.S.C.A. 1 we should only entertain such a motion in case the district court indicates, after a hearing, that it intends to grant a motion for a new trial.

. Rakes v. United States, 4 Cir., 163 F.2d 771; Dession, New Rules of Criminal Procedure, 56 Yale L.J. (1947) 197, 232; N. Y. Univ. School of Law Institute-Proceedings, Vol. VI, p. 208.

Reference

Full Case Name: UNITED STATES v. MINKOFF Et Al.
Cited By: 15 cases
Status: Published