U.S. Court of Appeals for the Fifth Circuit, 1961

Gilbert Garza Vela v. United States

Gilbert Garza Vela v. United States
U.S. Court of Appeals for the Fifth Circuit · Decided March 3, 1961 · Tuttle, Brown, Clayton
287 F.2d 680; 1961 U.S. App. LEXIS 5160 (Federal Reporter, Second Series)

Gilbert Garza Vela v. United States

Opinion

PER CURIAM.

Appellant was convicted by a jury of violations of the narcotic laws and filed a motion for a new trial claiming only that a recanting affidavit of a jointly tried co-defendant who testified was “newly discovered evidence” and that a juror was guilty of such misconduct as would vitiate the verdict. After a full hearing the District Judge over-ruled this motion and appellant complains of that action and raises for the first time the sufficiency of the evidence.

We are unable to say, as a matter of law, that the evidence was not sufficient to support the verdict of the jury or that the District Judge abused his discretion in over-ruling the appellant’s motion. Hence, this judgment should be and is affirmed.

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