Rules of Criminal Procedure for the District Courts of the United States: Hearings Before Subcommittee No. 2 of the Committee on the Judiciary, House of Representatives, Seventy-sixth Congress, First Session on H. R. 4587

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U.S. Government Printing Office, 1939 - Criminal procedure - 41 pages
 

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Page 2 - Examined in the most favorable light, the provision is a mere jumble of federal law, common law, and state law, consisting of incongruous and irreconcilable regulations, which in legal effect amounts to no more than a direction to a judge sitting in such a criminal trial to conduct the same as well as he can, in view of the three systems...
Page 13 - Cases be, and the same is hereby, amended to read as follows: "(3) Except in capital cases a motion for a new trial solely upon the ground of newly-discovered evidence may be made within sixty (60) days after final judgment, without regard to the expiration of the term at which judgment was rendered, unless an appeal has been taken and in that event the trial court may entertain the motion only on remand of the case by the appellate court for that purpose, and such remand may be made at any time...
Page 1 - Under such a system there exists an inevitable element of uncertainty and confusion.

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