Mitchell v. United States

368 U.S. 439, 82 S. Ct. 462, 7 L. Ed. 2d 429, 1962 U.S. LEXIS 1968

Opinions

Per Curiam.

The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari, which presents the question whether materially false testimony was used against petitioner at the trial, are granted, the judgment of the Court of Appeals is vacated, and the case is remanded to the District Court for a hearing upon petitioner’s motion, treated as a motion for a new trial on the ground of newly discovered evidence. Cf. Mesarosh v. United States, 352 U. S. 1. We, of course, intimate no view upon the merits of the motion.