Morris W. Gordon v. United States

BURGER, Circuit Judge:

Appellant was convicted of robbery and assault with a dangerous weapon. On appeal this Court remanded the case to the District Court without considering the merits when it appeared that the District Court had indicated willingness to grant a new trial 1 because of newly discovered evidence. The new evidence was that the complaining witness, the sole government witness at the first trial, had been convicted of larceny, 2 a factor relevant to his credibility and which was unknown at the time of trial. A new trial followed our remand, and the second trial also resulted in…