United States v. Miller

MOSCOWITZ, District Judge.

This is a motion made by the defendant, Frank L. Miller, for an order vacating and setting aside the judgment of conviction entered herein in the office of the clerk of this court on March 8, 1944, setting aside the verdict of the jury herein, and granting to the defendant a new trial on the ground of newly discovered evidence. The basis of the motion is that the judgment of conviction was obtained by means of perjured testimony and that the government suppressed material evidence.

The defendant, Frank L. Miller, and Odie V. Fluker, alias Eddie Leddell, Matthew A.…