United States v. Minkoff

Court: Court of Appeals for the Second Circuit
Date filed: 1950-04-20
Citations: 181 F.2d 538, 1950 U.S. App. LEXIS 2647
Copy Citations
12 Citing Cases
Combined Opinion
PER CURIAM.

Appellants’ motion asks that we remand this case to the district court in order that they may there seek a new trial for newly discovered evidence. Under Rule 33 of the Federal Rules of Criminal Procedure, 18 U.S.C.A. 1 we should only entertain such a motion in case the district court indicates, after a hearing, that it intends to grant a motion for a new trial.

1

. Rakes v. United States, 4 Cir., 163 F.2d 771; Dession, New Rules of Criminal Procedure, 56 Yale L.J. (1947) 197, 232; N. Y. Univ. School of Law Institute-Proceedings, Vol. VI, p. 208.