Curtis Fallen v. United States

Fifth Circuit

Curtis Fallen v. United States

249 F.2d 94

CourtCourt of Appeals for the Fifth Circuit

DecidedDecember 10, 1957

Docket16853_1

StatusPublished

Cited by1 cases

This text of 249 F.2d 94 (Curtis Fallen v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Curtis Fallen v. United States, 249 F.2d 94 (5th Cir. 1957).

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Opinion

PER CURIAM.

Appellant’s original conviction was affirmed by this Court in Fallen v. United States, 220 F.2d 946. In that opinion also, we found no abuse of discretion by the district court in denying the appellant’s motion for new trial on the ground of newly discovered evidence. The present appeal is from a denial of another such motion. The district court found that the alleged newly discovered evidence was cumulative and impeaching in character.

The denial of such a motion for new trial is appealable, Harrison v. United States, 5 Cir., 1951, 191 F.2d 874, 876; Balestreri v. United States, 9 Cir., 1955, 224 F.2d 915, 916. A careful examination of the record, including the affidavits setting forth the alleged newly discovered evidence, convinces us that the district court did not abuse its discretion in denying the motion. See same authorities. No useful purpose would be served by setting out the substance of the affidavits and their relation to the evidence upon which appellant was convicted.

The judgment of the district court is Affirmed.

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PER CURIAM.

Appellant’s original conviction was affirmed by this Court in Fallen v. United States, 220 F.2d 946. In that opinion also, we found no abuse of discretion by the district court in denying the appellant’s motion for new trial on the ground of newly discovered evidence. The present appeal is from a denial of another such motion. The district court found that the alleged newly discovered evidence was cumulative and impeaching in character.

The denial of such a motion for new trial is appealable, Harrison v. United States, 5 Cir., 1951, 191 F.2d 874, 876; Balestreri v. United States, 9 Cir., 1955, 224 F.2d 915, 916. A careful examination of the record, including the affidavits setting forth the alleged newly discovered evidence, convinces us that the district court did not abuse its discretion in denying the motion. See same authorities. No useful purpose would be served by setting out the substance of the affidavits and their relation to the evidence upon which appellant was convicted.

The judgment of the district court is Affirmed.

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249 F.2d 94, Counsel Stack Legal Research, https://law.counselstack.com/opinion/curtis-fallen-v-united-states-ca5-1957.

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