Jack Wayne Lyles v. United States

RIVES, Chief Judge.

This Court has heretofore affirmed appellant’s conviction of the offense of unlawful interstate transportation of stolen currency in violation of Title 18 United States Code, § 2314. 1 For that offense, the appellant received an eight-year sentence. Within the two years allowed by Rule 33, Federal Rules of Criminal Procedure, 18 U.S.C. he filed his motion for new trial on the ground of newly discovered evidence centering around two items: (1) an affidavit of Jack Edwin Hill, the man from whom the currency was last stolen; and (2) a magazine article in the July 1957 issue of…