United States v. Paul Simon

McLAUGHLIN, Circuit judge.

The indictment in its first count charges the defendant-appellant with having received stolen goods (turkeys) on September 14, 1953 and in the second count with guilty possession of those goods on September 17, 1953. The case was tried once before and resulted in an acquittal of the defendant on the first count and a verdict of guilty on the second. Thereafter defendant moved to set the verdict aside, for a new trial and arrest of judgment. Newly discovered evidence was not urged originally as a ground for the motion. The court in view of the verdict, feeling its…