Legal Opinion
United States v. Malfetti
District Court, D. New Jersey
Decided January 7, 1954No. Crim. A. No. 177-52PublishedCited by 4 opinions
1Opinion of the Court
SMITH, District Judge.
The defendant was tried and convicted on an indictment which charged him and another with a violation of Section 659 of Title 18 U.S.C.A., to wit, the theft of merchandise from an interstate shipment of freight. The matter is again before the Court on a motion for a new trial based solely on the ground of newly discovered evidence, filed under Rule 33 of the Federal Rules of Criminal Procedure, 18 U.S.C.A.; this motion was filed on July 27, 1953, more than nine months after the entry of judgment. The motion is supported by the affidavits of the defendant and twelve…
2Cases cited7 opinions
- Thompson v. United StatesCourt of Appeals for the D.C. Circuit · 1951
- Johnson v. United StatesCourt of Appeals for the Eighth Circuit · 1929
- Evans v. United StatesCourt of Appeals for the Tenth Circuit · 1941
- United States v. RutkinCourt of Appeals for the Third Circuit · 1954
- Wagner v. United StatesCourt of Appeals for the Ninth Circuit · 1941
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3Cited by4 opinions
- United States v. Thomas Anthony BertoneCourt of Appeals for the Third Circuit · 1957
- State v. SimsArizona Supreme Court · 1965
- State v. SimsArizona Supreme Court · 1965
- United States v. MalfettiCourt of Appeals for the Third Circuit · 1954