U.S. Court of Appeals for the D.C. Circuit, 1952

Murphy v. United States

U.S. Court of Appeals for the D.C. Circuit · Decided July 3, 1952 · Clark, Miller, Prettyman

198 F.2d 87; 91 U.S. App. D.C. 118; 1952 U.S. App. LEXIS 3148 (Federal Reporter, Second Series)

Counsel

Frederick C. Le Comte, Washington, D. C., for appellant. (Appointed by the District Court)., Lewis A. Carroll, Asst. U. S. Atty., Washington, D. C., with whom Charles M. Irelan, U. S. Atty.,Washington, D. C., Arthur J. McLaughlin, Asst. U. S. Atty., Concord, Mass., and Joseph M. Howard, Asst. U. S. Atty., Washington, D. C., were on the brief, for appellee.

Cases that cite this one

5 later published cases cite this decision.

Huggins v. United States (D.C. 1975)
United States v. Willie Bell, (Two Cases) (D.C. Cir. 1974)
United States v. Herman Brewster (2d Cir. 1956)
Connie Wilkins, Jr. v. United States (D.C. Cir. 1955)
United States v. Abraham W. Bolden (7th Cir. 1966)

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

PER CURIAM.

Appellant was convicted of obstructing justice, D.'C.Code 1940, § 22-703, and was sentenced to prison. Several months afterward, he filed a motion for new trial on grounds of newly discovered evidence, which was denied after hearing.

The alleged newly discovered evidence was asserted to be a Juvenile Court record of a prosecution witness and was to be presented for purposes of impeaching that witness. As this court has said in Thompson v. United States, 1951, 88 U.S.App.D.C. 235, 188 F.2d 652, to obtain a new trial because of newly discovered evidence, the evidence relied on must not be merely cumulative or impeaching. We therefore conclude that the court did not abuse its discretion in denying a new trial. 1 We intimate no view upon whether the Juvenile Court record would have been admissible under other circumstances.

Affirmed.

. Counsel on appeal was not counsel in the District Court.

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