United States v. Kittleson

*36I respectfully dissent from the decision of the majority in this case.

It is my belief that the majority have failed to distinguish between what will constitute satisfactory facts upon which to base a claim for relief, and satisfactory proof of those facts. I believe that the facts testified to in this case would be sufficient evidence, if true, to satisfy the requirement of the statute. The majority of the court seems to base its reversal upon its belief that the evidence is unsatisfactory from the viewpoint of establishing the truth of those facts. It seems to me that we should accept the…