Junior Amos v. United States

EDGERTON, Circuit Judge.

Amos was convicted of assault with a dangerous weapon. He appeals from an order denying his motion for a new trial.

The defendant cut the complaining witness Smith. The motion for a new trial was supported, among other things, by an affidavit of one Bordeaux, who was not a witness at the trial, that just before the cutting Smith had threatened the defendant with a knife. At the trial there was no testimony, except that of the defendant himself, to this effect.

The defendant and his trial counsel, who was not his present counsel, tried to produce Bordeaux at the trial.…