Eugene Ruben McCroskey v. United States

Eugene Ruben McCroskey was indicted and, upon a plea of not guilty, was convicted by a jury of a violation of 18 U.S.C. § 2314 (causing the interstate transportation, with fraudulent intent, of a falsely made and forged check). He thereafter filed, under Rule 33, F.R. Cr.P., a timely motion for a new trial based on the ground of newly discovered evidence. Judge Oliver, who had tried the case, denied this motion and imposed a sentence of two years. McCroskey ap peals from both the judgment and the denial.

No challenge is now made to any feature of the trial or to the sufficiency of the evidence…