279 F. 509 | 6th Cir. | 1922
Plaintiff in error was prosecuted under an indictment containing three counts — the first, under R. S. § 3281 (Comp. St.
“Twenty-four men Rave agreed, and I agree in their opinion. I thought he was guilty on the first trial, and I think he is guilty under the evidence the second time. I think the proof warrants the verdict.”
Manifestly there was no abuse of discretion in denying the motion.
“Practically all are merely cumulative, just little details that relate to nothing that has not been before the jury on both trials.”
The judge was of opinion that the alleged newly discovered evidence was not so conclusive as to justify a presumption that the result of a new trial would be different from that of those already had. The matter of new evidence was in some of its features not unlike the situation in Bates v. United States (C. C. A. 6) 269 Fed. 563, 566-567.
The correctness of the charge to the jury is not open to attack. Defendant took no exceptions thereto, nor did. he present any requests for instructions, except an oral request, as to one feature, made during the argument. No exception was taken to the court’s action on this request. We must not be understood as intimating that the charge was in any respect erroneous.
The judgment of the District Court is affirmed.