United States v. Walter Earl Stephenson

U.S. Court of Appeals for the Fifth Circuit
United States v. Walter Earl Stephenson, 448 F.2d 768 (5th Cir. 1971)

United States v. Walter Earl Stephenson

Opinion

PER CURIAM:

This appeal is from a conviction for fraud by wire in violation of 18 U.S.C.A. § 1343. We affirm.

The refusal to grant a second continuance at the request of appellant because of the absence of a defense witness was in the discretion of the trial court, and that discretion was not abused. United States v. Pierce, 5 Cir. 1969, 411 F.2d 678. Similarly, the trial court did not abuse its discretion in denying appellant’s motion for a new trial on the basis of newly-discovered evidence since that evidence, the testimony of the formerly absent witness, was merely cumulative and did not raise a substantial probability that its admission at a new trial would produce a different result. See United States v. Rodriguez, 5 Cir. 1971, 437 F.2d 940; United States v. Hersh, 5 Cir. 1969, 415 F.2d 835; Reno v. United States, 5 Cir. 1965, 340 F.2d 307; Ledet v. United States, 5 Cir. 1962, 297 F.2d 737, 739.

Affirmed.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Walter Earl STEPHENSON, Defendant-Appellant
Cited By
3 cases
Status
Published