United States v. Kruse

OPINION DENYING DEFENDANT’S MOTIONS FOR JUDGMENT OF ACQUITTAL, IN ARREST OF JUDGMENT AND FOR NEW TRIAL

KNOX, District Judge.

This case involving the possession and sale of counterfeit United States gold coins presents two questions. First, does the acquittal of defendant’s only named eo-con-spirator necessitate that defendant be acquitted also? Secondly, does the newly discovered evidence, consisting of various airline, motel and gasoline receipts, justify a new trial in which defendant may show an alibi defense based on those documents? Under the facts of this case, we answer both questions in…