United States v. James W. Miller

After our decision of affirmance on July 10, 1957, the appellant filed a timely petition for rehearing raising new issues based on Jencks v. United States, 353 U.S. 657, 77 S.Ct. 1007, 1 L.Ed.2d 1103, a decision rendered subsequent to the argument of Miller’s appeal. The Government having been allowed to answer the petition and the petitioner to file a reply, which he did on September 10th,, the matter is ready for determination.

The petitioner contends that he is entitled to a new trial because the trial procedure was not in accord with the rule subsequently announced in the Jencks case. An…