Opinion
No. 10569.
October 21, 1948.
Appeal from the United States District Court for the Western District of Tennessee; Marion Speed Boyd, Judge.
James Russell Hawthorne, of Atlanta, Ga., for self.
John Brown, of Memphis, Tenn., for appellee.
Before HICKS, Chief Judge, and McALLISTER and MILLER, Circuit Judges.
This case was heard upon the transcript of the record, briefs filed herein and the oral argument of the Assistant District Attorney, and the court being of the opinion that the record fails to disclose an abuse by the District Court of judicial discretion in denying appellant's motion for a new trial, it is therefore ordered and adjudged that the order appealed from be and the same is in all things affirmed.