Robert S. Brodie v. United States

BURGER, Circuit Judge.

We granted certiorari to the Municipal Court of Appeals to review the stated questions (1) whether the Municipal Court abused its discretion in denying a motion, made the day after trial, for a new trial based on newly discovered evidence and (2) whether the Municipal Court abused its discretion in permitting the prosecution to reopen its case immediately after resting when the court took notice that no evidence had been introduced on one of the counts and on reopening that evidence was then adduced. No objection to reopening was made by the defense.

Appellant was charged…