U.S. Court of Appeals for the Second Circuit, 1957

United States v. Peltz

U.S. Court of Appeals for the Second Circuit · Decided July 5, 1957 · Chase, Clark, Hincks

246 F.2d 537 (Federal Reporter, Second Series)

Counsel

Joseph Leary Delaney, of Delaney & Donoghue, New York City, for defendant-appellant., William D. Walsh, Asst. U. S. Atty., S. D. N. Y., New York City (Paul W. Williams, U. S. Atty., and Robert Kirtland, Asst. U. S. Atty., New York City, on the brief), for appellee.

Cases that cite this one

5 later published cases cite this decision.

Melvin Gale v. U. S. Department of Justice, Federal Bureau of Prisons (D.C. Cir. 1980)
Coppedge v. United States (Supreme Court of the United States 1962)
Frank Young v. United States (D.C. Cir. 1959)
Re Edward J. Carvelo (Haw. 1959)
United States v. Harry Peltz (2d Cir. 1957)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

After hearing nine witnesses during an eight-day trial on the defendant's claim of newly discovered evidence, Judge Herlands, who had presided at the original trial resulting in a verdict and judgment of guilt, made extensive findings that the prosecution had not concealed a witness, that the new witnesses now produced did not give credible evidence, and that there was no newly' discovered evidence justifying the conclusion that it would lead to a verdict of acquittal. These findings are amply justified, and the appeal must be dismissed as frivolous under F.R. Cr.P., rule 39(a), as directed in United States v. Johnson, 327 U.S. 106, 113, 66 S.Ct. 464, 90 L.Ed. 562.

Appeal dismissed.

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