McConnell v. United States

DIETRICH, Circuit Judge.

Appellant was adjudged guilty upon two counts charging the unlawful sale of narcotics. The sufficiency of the indictment is not questioned, and there is no record of either the evidence or the instructions. The sole contention is that the trial court erred in denying a motion for new trial upon the ground of newly discovered evidence.

The motion was supported by the affidavits of three persons, who say they have knowledge of certain facts therein set forth and would give testimony accordingly; but what relation such testimony would have to the evidence upon which the…