Marion v. United States

ORR, Circuit Judge.

Appellant was convicted of the crime of violating the provisions of the National Motor Vehicle Theft Act. 18 U.S.C.A. § 408 [now §§ 2311-2313].

At the trial and at the time of the pronouncement of judgment he was represented by counsel of his own choosing.

The verdict was returned ‘'on the 14th day of June, 1947. Judgment was pronounced on the 19th day of June, 1947.

On July 23, 1947 appellant filed a motion for new trial and arrest of judgment. A number of grounds were set out in' the motion; newly discovered evidence was not one of them. Some five weeks elapsed between the…