Gilbert Garza Vela v. United States

Fifth Circuit

Gilbert Garza Vela v. United States

287 F.2d 680, 1961 U.S. App. LEXIS 5160

CourtCourt of Appeals for the Fifth Circuit

DecidedMarch 3, 1961

Docket18480

StatusPublished

Cited by1 cases

This text of 287 F.2d 680 (Gilbert Garza Vela 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.

Bluebook

Gilbert Garza Vela v. United States, 287 F.2d 680, 1961 U.S. App. LEXIS 5160 (5th Cir. 1961).

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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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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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Bluebook (online)

287 F.2d 680, 1961 U.S. App. LEXIS 5160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gilbert-garza-vela-v-united-states-ca5-1961.

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