United States v. Michael Nigro

Third Circuit

United States v. Michael Nigro

253 F.2d 587, 1958 U.S. App. LEXIS 3899

Court of Appeals for the Third Circuit·Decided March 26, 1958·No. 12331·Published·Cited by 6 cases

Opinion

PER CURIAM.

The issue presented is whether the court below abused its discretion in denying the defendant-appellant’s, Ni-gro’s, motion for a new trial based on alleged newly-discovered evidence. There was no manifest abuse of discretion by the trial judge in denying the motion. It is well settled that a new trial will not be granted unless it be apparent that the new evidence would probably produce a different verdict after a new trial. The evidence offered by Nigro does not meet this test.

Accordingly the order of the court below denying the motion for a new trial will be affirmed.

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PER CURIAM.

The issue presented is whether the court below abused its discretion in denying the defendant-appellant’s, Ni-gro’s, motion for a new trial based on alleged newly-discovered evidence. There was no manifest abuse of discretion by the trial judge in denying the motion. It is well settled that a new trial will not be granted unless it be apparent that the new evidence would probably produce a different verdict after a new trial. The evidence offered by Nigro does not meet this test.

Accordingly the order of the court below denying the motion for a new trial will be affirmed.

United States v. Michael Nigro, 253 F.2d 587, 1958 U.S. App. LEXIS 3899 (3d Cir. 1958).

Pincite

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Opinion

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