United States v. Lowrey

Third Circuit

United States v. Lowrey

172 F.2d 226

CourtCourt of Appeals for the Third Circuit

DecidedJanuary 27, 1949

DocketNo. 9727

StatusPublished

Cited by4 cases

This text of 172 F.2d 226 (United States v. Lowrey) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Lowrey, 172 F.2d 226 (3d Cir. 1949).

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Opinion

PER CURIAM.

In the Court below, the appellant was convicted of violating the National Motor Vehicle Theft Act, 18 U.S.C.A. § 408 [now §§ 2311-2313], and his motion for a new trial was denied. We think the decision should be affirmed for the reasons stated in the Opinion of the District Judge. 1948, 77 F.Supp. 301.

The appellant suggests that he has “after discovered evidence.” Since this point does not appear to have been asserted on the motion for new trial, we do not here undertake to consider it, but the appellant should be free to address a motion to the District Court on that ground pursuant to Federal Rules of Criminal Procedure, rule 33, 18 U.S.C.A.

Accordingly, the judgment of the District Court will be affirmed, and the cause remanded to its jurisdiction in accordance herewith.

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PER CURIAM.

In the Court below, the appellant was convicted of violating the National Motor Vehicle Theft Act, 18 U.S.C.A. § 408 [now §§ 2311-2313], and his motion for a new trial was denied. We think the decision should be affirmed for the reasons stated in the Opinion of the District Judge. 1948, 77 F.Supp. 301.

The appellant suggests that he has “after discovered evidence.” Since this point does not appear to have been asserted on the motion for new trial, we do not here undertake to consider it, but the appellant should be free to address a motion to the District Court on that ground pursuant to Federal Rules of Criminal Procedure, rule 33, 18 U.S.C.A.

Accordingly, the judgment of the District Court will be affirmed, and the cause remanded to its jurisdiction in accordance herewith.

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Bluebook (online)

172 F.2d 226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-lowrey-ca3-1949.

Opinion

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