Opinion · Court of Appeals for the D.C. Circuit
Malcolm E. Williams v. United States
261 F.2d 743
- Type
- Opinion
- Court
- Court of Appeals for the D.C. Circuit
- Jurisdiction
- Federal
- Date
- 1958-11-12
- Topic
- bankruptcy
PER CURIAM. This is an appeal from an order denying a motion for a new trial based on newly discovered evidence. Briefly, these are the pertinent facts: February 8, 1957 — Appellant assaulted his wife with a deadly weapon. *744 July 20,1957 — Appellant inflicted stab wounds on his daughter resulting in her death. November 7, 1957 — Appellant was tried and convicted for assault of his wife (Criminal No. 272-57). Two Government psychiatrists, Drs.
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WILLIAMS v. UNITED STATES,261 F.2d 743(D.C. Cir. 1958)
Malcolm E. WILLIAMS, Appellant, v. UNITED STATES of America, Appellee.
No. 14460.
United States Court of Appeals, District of Columbia Circuit.
Argued October 20, 1958.
Decided November 12, 1958.
Mr. John W. Warner, Jr., Asst. U.S. Atty., with whom Messrs. Oliver Gasch, U.S. Atty., and Carl W. Belcher, Asst. U.S. Atty., were on the brief, for appellee.
Before BAZELON, WASHINGTON and BASTIAN, Circuit Judges.
Thereupon, counsel for appellant filed the present motion for a new trial in the assault case (Criminal No. 272-57), alleging substantially the foregoing facts. No testimony or affidavits were offered in support of or in opposition to the motion. Counsel relied on the record in the murder case. He stated to the court that Dr. Cushard was away on vacation but that Dr. Cody authorized him to say "That, if a new trial is granted in this particular case, he will testify before this court that in his opinion, this man was of unsound mind at the time he stabbed his wife * * *." The trial judge denied the motion for a new trial without stating his reasons.
The allegations of the motion, if properly established, would satisfy the conditions set forth in Thompson v. United States, 1951, 88 U.S.App.D.C. 235, 236,188 F.2d 652,653. Although we cannot approve of the manner in which defense counsel sought to support his motion, we think that sufficient circumstances did appear to require the court to order the presentation of evidence in a full hearing on the issues. The order denying the motion for a new trial is therefore vacated and the case is remanded to the District Court for the purpose of such a hearing.
So ordered.