GILBERT GARZA VELA, APPELLANT,
v.
UNITED STATES OF AMERICA, APPELLEE
GILBERT GARZA VELA, APPELLANT,
UNITED STATES OF AMERICA, APPELLEE
287 F.2d 680
Court of Appeals for the Fifth Circuit (1961)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Appellant was convicted by a jury of violations of the narcotic laws and filed a motion for a new trial claiming only that a recanting affidavit of a jointly tried co-defendant who testified was “newly discovered evidence” and that a juror was guilty of such misconduct as would vitiate the verdict. After a full hearing the District Judge over-ruled this motion and appellant complains of that action and raises for the first time the sufficiency of the evidence.
We are unable to say, as a matter of law, that the evidence was not sufficient to support the verdict of the jury or that the District Judge abused his discretion in over-ruling the appellant’s motion. Hence, this judgment should be and is affirmed.