Zamloch v. United States

This cause is before us on a motion to remand the case to the trial court in order to permit appellant to move for a new trial on the ground of newly discovered evidence. • :■

During the time Rule 11(3) was in effect such was the proper procedure and this court so held in Wagner v. United States, 9 Cir., 118 F.2d 801. Rule 11(3) provided: “A motion for a new trial solely upon the ground .of newly-discovered evidence may be made within sixty (60) days * * * unless an appeal has been taken and in that event the trial court may entertain the motion only on remand of the case by the appellate…