Dowling v. United States

SIBLEY, Circuit Judge.

From a sentence of fine and penitentiary imprisonment‘for violation of the Volstead‘Act (27 USCA), W. H. Dowling appeals. He has moved in this court for leave' to present in the trial court an extraordinary motion for a new trial, based on evidence newly discovered since the appeal, and on a contention that his leading counsel was insane at the time of trial. We have examined the affidavits accompanying the motion. There is nothing to support the contention of counsel’s insanity at the time of the trial except the fact that some months later he committed suicide.’ Two…