United States v. Kinzer

KEECH, District Judge.

This case is before the court on a motion for new trial, filed and argued subsequent to the defendant’s conviction of housebreaking and larceny.

■ The first trial of the defendant under the same indictment resulted in a hung jury. Prior to the second trial the defendant’s attorney filed a motion in forma pauperis to obtain the entire transcript of the proceedings of the first trial at government expense, which was heard and denied by the judge who presided at the first trial. During the second trial, the defendant’s attorney, in view of the previous denial of his motion…