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SAUNDERS v. UNITED STATES

No. 11101.

197 F.2d 685 (1952)

SAUNDERS v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Decided June 19, 1952.

Attorney(s) appearing for the Case

John J. Dwyer, Washington, D. C., for appellant.

Lewis A. Carroll, Asst. U. S. Atty., Washington, D. C., with whom Charles M. Irelan, U. S. Atty., Joseph M. Howard, Asst. U. S. Atty., and Grace B. Stiles, Asst. U. S. Atty., Washington, D. C., were on the brief, for appellee. George Morris Fay, U. S. Atty. when the record was filed, Washington, D. C., also entered his appearance on behalf of appellee.

Before CLARK, WILBUR K. MILLER and WASHINGTON, Circuit Judges.

PER CURIAM.

This is an appeal from an order of the United States District Court for the District of Columbia which denied, after hearing, motion for new trial based on newly discovered evidence of an alleged psychiatric condition. The motion was filed five months after appellant's conviction of assault with intent to commit robbery (D.C.Code (1940) § 22-501) and unauthorized use of automobile (D.C.Code (1940) § 22-2204).

The alleged newly discovered...

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