Walter J. Blackburn v. United States

This is an appeal from the denial of a motion for a new trial upon alleged newly discovered evidence. Appellant was indicted with another man for housebreaking and larceny. His co-defendant pleaded guilty. Upon appellant’s trial two other men appeared as witnesses for the Government. The motion for a new trial is based upon a recantation by one of these witnesses and a supporting affidavit by the co-defendant, who did not testify at the trial. The District Court held a hearing on the motion and heard the testimony of the recanting witness and of the co-defendant. At the conclusion of the…