Moore v. United States

Fifth Circuit

Moore v. United States

125 F.2d 143, 1942 U.S. App. LEXIS 4330

CourtCourt of Appeals for the Fifth Circuit

DecidedJanuary 21, 1942

DocketNo. 10123

StatusPublished

Cited by1 cases

This text of 125 F.2d 143 (Moore 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

Moore v. United States, 125 F.2d 143, 1942 U.S. App. LEXIS 4330 (5th Cir. 1942).

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Opinion

PER CURIAM.

This is an application to remand the case to the District Court for the purpose of consideration of an application for a new trial on the ground of newly discovered evidence. The case was docketed on the notice of appeal but the record has not yet been filed. The ground on which the application is made is that an article appeared in the Atlanta Constitution, of October 14, 1941, which in substance states that John Henry Moore, a Negro, who was granted a parole from a life prison sentence for murder, by the Governor of Georgia, went on trial in the Federal Court charged with supplying dope addicts with narcotics. The application was supported by an affidavit of a juror to the effect that while he first voted for acquittal, he was persuaded by other jurors to change his opinion and voted for conviction; that he did not know at that time about the article in the Atlanta Constitution but while talking to two other jurors, not named, later, he discovered that they had read the article before the rendition of the verdict.

It is settled law that jurors are not allowed to impeach their own verdicts. If there is misconduct of the jury that would be a basis for a new trial the evidence would have to be extrinsic. Furthermore, reading an article in a newspaper, published during the trial, would not affect the verdict and would not be new evidence that would warrant a further delay in the case by remanding it to the District Judge to pass upon the application.

The petition is denied.

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PER CURIAM.

This is an application to remand the case to the District Court for the purpose of consideration of an application for a new trial on the ground of newly discovered evidence. The case was docketed on the notice of appeal but the record has not yet been filed. The ground on which the application is made is that an article appeared in the Atlanta Constitution, of October 14, 1941, which in substance states that John Henry Moore, a Negro, who was granted a parole from a life prison sentence for murder, by the Governor of Georgia, went on trial in the Federal Court charged with supplying dope addicts with narcotics. The application was supported by an affidavit of a juror to the effect that while he first voted for acquittal, he was persuaded by other jurors to change his opinion and voted for conviction; that he did not know at that time about the article in the Atlanta Constitution but while talking to two other jurors, not named, later, he discovered that they had read the article before the rendition of the verdict.

It is settled law that jurors are not allowed to impeach their own verdicts. If there is misconduct of the jury that would be a basis for a new trial the evidence would have to be extrinsic. Furthermore, reading an article in a newspaper, published during the trial, would not affect the verdict and would not be new evidence that would warrant a further delay in the case by remanding it to the District Judge to pass upon the application.

The petition is denied.

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125 F.2d 143, 1942 U.S. App. LEXIS 4330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-united-states-ca5-1942.

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