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

United States v. Minkoff

U.S. Court of Appeals for the Second Circuit · Decided April 20, 1950 · Augustus, Clark, Frank, Hand, Per Curiam

181 F.2d 538; 1950 U.S. App. LEXIS 2647 (Federal Reporter, Second Series)

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.

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