Patrick B. Paddock v. United States

Appellant has moved for leave to apply to the District Court for new trial on the ground of newly discovered evidence and, in the alternative, for leave to appeal to this court in forma pauperis.

The procedure which this court prefers to follow in cases in which appellant desires to move for new trial on the ground of newly discovered evidence is pointed out in orders entered in Smith v. United States, 9 Cir., 294 F.2d 771, on August 31 and September 14, 1961. Motion for new trial should be filed in the District Court. Motion should then be made to this court to remand the matter to the…