L. M. Smith and Earl C. Corey v. United States

Smith and Corey already are here on an appeal from judgment of conviction of federal crimes. Shortly before argument here, they moved in the district court for a new trial on the ground of newly discovered evidence. After submission here (the case is undecided), the district court denied the motions. From the denial of these motions, Smith and Corey now attempt appeals and send their notices forward. The clerk will mark the notices, “lodged, not filed.”

After the motions were filed in the district court, leave should have been sought here under Rule 33 of the Federal Rules of Criminal…